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ARTICLE · 07 SEPTEMBER 2020

Lake Access Easements Should Be Carefully Scrutinized Prior To Purchase

Gardiner Roberts LLP
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The appellant, Markowski, bought a property by Lake Waseosa, north of Huntsville.

CanadaLitigation, Mediation & Arbitration
James R.G. Cook
James R.G. Cook
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In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property could drive a vehicle towing a boat over a right-of-way on their neighbour's property to access the lake: Markowski v. Verhey, 2020 ONCA 472 (CanLII).

The appellant, Markowski, bought a property by Lake Waseosa, north of Huntsville. The Markowski property was not directly on the waterfront but had a deeded right-of-way over the adjacent lakefront property owned by the Verheys, which included a beach. The right-of-way was described in the deed as being "for all the usual purposes, in, over, along and upon" the Verheys' waterfront property.

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