We often have clients who complain to us that somebody has
encroached on an easement or right of way by constructing an
addition, garage, fence or hedge on the right of way or easement.
They claim that their "legal rights" have been impinged
upon and their right to use the right of way is limited or
diminished by virtue of the encroachment.
Sometimes, these clients ask us to send letters to their
encroaching neighbour insisting that the encroachment be removed
and that the right of way be kept absolutely free and clear in
accordance with its proper and full boundaries as contained in the
grant of the easement.
In the case of Weidelich. v. de Koning, (2014) 122 O.R.
(3d) 545, the Court of Appeal had to consider the effect of a
building addition that encroached onto a private right of way,
which was granted for the purpose of vehicular access to houses of
the owner's neighbours. The driveway ran from the street
alongside the owner's house and then along the backs of
