Can My Neighbour Use a Right of Way Across My Rural Property in Ontario?
Yes, in some cases. A neighbour can gain an easement, such as a right-of-way, by prescription through 20 years of continuous, uninterrupted, open and peaceful use as of right, meaning you knowingly put up with it rather than merely giving permission. Use that is only by your permission does not meet that test.
If your land is in the Land Titles system, the Land Titles Act bars acquiring any right adverse to the registered owner by prescription, so a prescriptive easement must be based on 20 years of use completed before the land entered that system. How an easement was created and what it says affect whether and how it can be enforced or ended, so a lawyer should review your title.
If the lane is a privately owned road serving one or more parcels, the Road Access Act may apply, and you generally cannot close it without a court order, apart from limited listed exceptions. A judge may grant a closing order only if closing is reasonably necessary to prevent substantial damage or injury to your interests, or for another public-interest purpose. You may close it for one period of no more than 24 hours a year to prevent prescriptive rights.
Key takeaways
- A right of way can arise by prescription after 20 years of continuous, uninterrupted, open and peaceful use as of right.
- Use that you only permitted does not count, because the owner must have knowingly put up with it.
- On Land Titles land, prescription against the registered owner is barred, so a claim must rest on 20 years of use completed before the land entered the system.
- A privately owned access road generally cannot be closed without a court order, though one closing of no more than 24 hours a year is allowed to prevent prescriptive rights.