Buying a Cottage With a Right-of-Way in Ontario: What to Check Before You Close

Plenty of Ontario cottages don't have their own direct frontage on a public road. Instead, the only way in and out is across a neighbouring property, under a right-of-way. For many cottages, this is a completely normal, long-standing arrangement that causes no problems at all. For others, it's the source of decades-long disputes between neighbours who each remember the arrangement differently.

The difference usually comes down to how clearly the right-of-way was documented in the first place — and that's exactly what a buyer's lawyer needs to dig into before you close.

Why Access Is a Legal Issue, Not Just a Practical One

A right-of-way is a legal easement: an interest in land that runs with the property, not just an understanding between the people who happen to own the two properties today. That matters because it means the right-of-way should, in principle, survive a change of ownership on either side — but only if it's actually set up correctly, and only within whatever limits the original document (or the absence of one) actually creates.

What a Right-of-Way Actually Is

A right-of-way grants someone — often the owner of a landlocked or hard-to-access parcel — the legal right to cross a specific route over another person's land, typically for access purposes. When properly created and registered, it's tied to the land itself and identified through Ontario's land registration system, whether the property is registered under the modern Land Titles system or the older Registry system.

Common Problems Cottage Buyers Run Into

• Vague or missing description. Older or informally created rights-of-way sometimes describe the route loosely, without a clear width, boundary, or reference to a survey.
• No registered document at all. Some cottage access has simply been used, informally, for generations, without anything ever being registered on title.
• Maintenance left undefined. Who grades the road, clears snow, or repairs washouts is often not addressed anywhere in writing.
• Shared use by multiple properties. A right-of-way used by several cottages can create disagreements about cost-sharing, seasonal use, or who has priority.
• Seasonal restrictions. Gates, locks, or informal "closed for winter" practices that aren't reflected in the legal documentation.

How Your Lawyer Investigates It Before Closing

• [ ] Confirm whether the right-of-way is properly registered on title, and review the exact registered wording.
• [ ] Check the described location, width, and permitted uses (for example, vehicle access versus foot traffic only).
• [ ] Compare the registered description against a survey or reference plan showing where the right-of-way actually runs on the ground.
• [ ] Ask whether other properties share the same right-of-way, and on what terms.
• [ ] Look for any history of disputes, blocked access, or prior legal proceedings connected to the route.

Red Flags Worth Slowing Down For

• The seller describes access as "we've always just driven through" with nothing registered.
• The physical driveway or access road doesn't match what's shown in the property's legal description.
• Maintenance costs have historically been a source of friction between neighbours.
• The right-of-way is the only access, with no realistic alternative route if a dispute ever arose.

If a Dispute Has Already Happened

Sometimes a seller mentions, almost in passing, that there was "a bit of a disagreement" with the neighbour years ago about the driveway. Treat that as a prompt to ask more questions, not less. Past disputes over a right-of-way — even ones that seem resolved — can point to ambiguity in how the access was originally documented, or to a neighbour relationship that could resurface once you own the property. Your lawyer can look for any related correspondence, agreements, or registrations on title that shed light on how (and whether) the issue was actually settled.

Frequently asked questions