Access Rights

Hello;

This is a fairly complex situation so I'd like to caveat our response by saying we are surveyors, not lawyers, and our recommendation would be to consult a lawyer on the matter.

That said, our answer your question comes in several parts.

First, You are approaching this the correct way. Committee of Adjustments is your first pathway. If this doesn't resolve to your satisfaction, then legal action is your next.

Second, it's not a clear-cut situation. You have several (potentially) opposing legal precedents working against and for you. One is that because you did not enforce your land rights you inadvertently implied that you did not want them. This is the concept of "use it or lose it" which we see often playing a role in legal cases regarding land disputes. On the positive side, another is that easements, even implied and unregistered easements, are very resilient in Ontario land law.

Once an easement is granted (or there is clear evidence of the intent to grant an easement) it can be difficult to negate the rights of the easement parties. 

So, our advice to you is continue on the C of A pathway that you are on and consider hiring a lawyer who specializes in land/boundary dispute litigation if it doesn't resolve to your satisfaction. To others looking to learn from your experience, we strongly recommend dealing with your land issues as soon as they occur.