- An easement, commonly called a right-of-way when it concerns access, is a legal interest in someone else’s land that gives you the right to use it for a specific purpose, most often to…
- The single most important question is whether the right-of-way is properly registered on title to the neighbouring property, rather than something the previous owner simply mentioned or…
- Sometimes an easement is validly registered, but its legal description doesn’t match where the path is actually used on the ground — a common issue with older instruments.
You bought a property that depends on crossing a neighbour’s land to reach the road, a shared driveway, or waterfront access, relying on a right-of-way that was supposed to guarantee that access. Then, after closing, you find it blocked: a locked gate, a new fence, or a neighbour who insists you never actually had the right to cross their land at all.
Whether you can do anything about it depends almost entirely on one question: was the right-of-way actually and properly registered on title? Everything else follows from the answer.
What an Easement or Right-of-Way Actually Is
An easement, commonly called a right-of-way when it concerns access, is a legal interest in someone else’s land that gives you the right to use it for a specific purpose, most often to cross it to reach your own property. It’s a property right that’s supposed to run with the land, meaning it binds future owners of the land it crosses, not just the person who originally granted it.
Step 1: Confirm the Easement Is Actually Registered
The single most important question is whether the right-of-way is properly registered on title to the neighbouring property, rather than something the previous owner simply mentioned or that appears only on an old, informal sketch. A search of the parcel register for both properties — yours and the one the right-of-way crosses — will show whether a registered easement exists, and its precise legal description.
Registered vs. unregistered access
| Registered easement | Informal or unregistered arrangement | |
|---|---|---|
| Binds a new owner of the underlying land | Generally, yes | Often, no |
| Enforceable through the courts | Yes, as a property right | Much more limited, if at all |
| Shows up in a standard title search | Yes | Usually not |
Step 2: Compare the Registered Description to Reality
Sometimes an easement is validly registered, but its legal description doesn’t match where the path is actually used on the ground — a common issue with older instruments. A survey can confirm whether the physical obstruction sits within the registered easement area or outside it, which affects your remedy.
Step 3: Send a Formal Demand
If the easement is validly registered and something — a fence, gate, locked chain, or landscaping — is blocking it, a written demand to the neighbouring owner to remove the obstruction and restore access is usually the appropriate first step, ideally through a lawyer.
Step 4: Consider Court Enforcement
If a demand doesn’t resolve it, a property owner with a validly registered easement generally has the right to ask a court to order the obstruction removed and access restored. Courts take registered property rights seriously, but the specific remedy and timeline depend on the facts of your situation.
Step 5: Check Your Title Insurance Policy
Depending on your policy’s specific terms, some access or easement-related issues discovered after closing may be covered. This varies significantly by insurer and policy, so review your policy — or have your lawyer review it — rather than assuming either way.
What If You Never Confirmed the Right-of-Way Before Buying?
This is exactly the kind of issue a real estate lawyer’s pre-closing title and survey review is meant to catch. If you’re still in the process of buying a property that depends on access across someone else’s land, confirming the easement is registered — and matches reality on the ground — before closing is far less costly than dealing with it afterward.
Frequently asked questions
Can my neighbour just block my right-of-way if they own the underlying land?
Not if the right-of-way is a validly registered easement. It’s a property right that binds the land regardless of who owns it, and interfering with it can expose the neighbour to a court order and potential damages.
What if the right-of-way was never actually registered?
Then your position is significantly weaker, and may depend on other legal theories that are much less predictable than an enforceable, registered property right. This is why confirming registration before you rely on an access arrangement matters so much.
Does my survey show whether an easement is registered?
A survey shows physical features and boundaries; it doesn’t by itself confirm legal registration. You need a title or parcel register search to confirm the legal right exists, and a survey to confirm where it actually falls on the ground.
Will my title insurance automatically cover this?
Not automatically. Coverage depends on your specific policy, when the issue arose, and whether it was disclosed or discoverable before your purchase. Review your policy with your lawyer rather than assuming either outcome.
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