Exercise right of way to avoid losing it. | ScriptaLegal
Personal Business Packages & Subscriptions
Français About us Create a free account Log in
Interactive legal guides Legal frequently asked questions Legal blog Videos
ONLINE LEGAL DOCUMENTS
Legal blog > Real estate > Exercise your right of way to not lose it

Exercise your right of way to not lose it

When setting up certain integrated residential developments, especially resort ones, developers usually create easements by necessity, often imprecise and vague. These inaccuracies frequently lead property owners to take legal action.

«Nothing is lost, nothing is created, everything is transformed»
Lavoisier

When setting up certain integrated residential developments, especially vacation ones, promoters normally create easements of passage, by destination of the owner, often imprecise and vague. These inaccuracies frequently lead owners to the courts.

Thus, an Unfortunate Owner of the treatment inflicted upon them by their Neighbor, turns to the Court* to have their right of passage recognized on an adjacent parcel of land, since at the time of the cadastral plan filing, this parcel was identified as an alley. Despite these facts, the Neighbor has always considered it as their own and has always behaved as the true owner.

Save... Make your will online

The evidence shows that the Owner has only passed through the parcel on a few occasions for the maintenance of their pool, that they have never used it for passage purposes and that it has never served as an alley. The Court considers it to be more of a tolerance than a genuine exercise of a right of passage.

There is no evidence that the Neighbor prevented the Owner from exercising their right of passage by installing a fence or any other obstacle with the purpose of invoking adverse possession. The court concludes that based on photographic evidence, versions of credible and independent witnesses, the Neighbor has clearly demonstrated the extinguishment of the easement through the non-use of the right of passage for ten years.

Some property rights are acquired through peaceful occupation, while others are extinguished through non-use.

*CA 500-09-026204-164

François Forget, notary and legal advisor, along with the entire team at ScriptaLegal, are here to assist you with the preparation of your legal documents and to answer all your legal questions.
When can a buyer of a property request a price reduction instead of requesting the cancellation of the sale?
Me François Forget - February 22, 2010
The purchase of a house is often a source of surprises and the bad ones are known in legal jargon as "hidden...
Should a buyer trust their seller or seek the opinion of a professional inspector?
Me François Forget - April 26, 2018
The importance of getting a pre-purchase inspection for a building, in order to have the beginning of evidence in...
Protecting your assets before declaring bankruptcy?
Me François Forget - March 22, 2007
Even though the company did not decrease its assets, it "weakened" it when it sold a tangible asset in exchange...
This browser does not support this kind of file. Please download the file to view it: Download the file
An error has occurred.