What is a right of way and how does it affect my Ontario rural property?

A right of way is a type of easement — a legal right for a third party to use a specific part of your land for a defined purpose. On rural Ontario properties, rights of way are common and take several forms: a road allowance giving neighbours or the public access across your land, a utility right of way held by a power company or pipeline operator, or a private right of way granted to a neighbouring landowner for access to their parcel.

Rights of way are typically registered on title and show up in the title search when you purchase the property. They bind all future owners, so you cannot simply remove them without the consent of the holder. The width and permitted uses of the right of way are defined in the registered instrument, and the holder is generally not required to compensate you for day-to-day use within those terms.

Before purchasing rural property, you should carefully review all registered easements, rights of way, and restrictive covenants in the title search. Ask what the right of way permits and whether the holder currently exercises it. A hydro or pipeline right of way, for example, may limit where you can build structures, plant trees, or alter the land surface — sometimes significantly.

If you need to negotiate a change to an existing right of way, you will need the holder's agreement, which may involve compensation.