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ARTICLE · 28 JUNE 2022

Interim Injunction Ordered To Prevent Neighbour From Blocking Private Access Road

Gardiner Roberts LLP
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Many rural properties in Ontario are accessed through private roads that traverse lands owned by one or more neighbours.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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Many rural properties in Ontario are accessed through private roads that traverse lands owned by one or more neighbours. The use of a private road may involve a registered easement or right-of-way (ROW). In other cases, the private road may be subject to unregistered prescriptive rights acquired over time. Ontario's Road Access Act generally prevents a landowner from blocking a private road that is being used as the only means of access to someone else's property. However, there are specific criteria that must be established in order to qualify as an "access road" under the statute.

In Kunto v. Hollmer, 2022 ONSC 3406 (CanLII), the court addressed the interim rights of the user of a private road in the face of a land owner's attempt to close it.

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