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ARTICLE · 05 DECEMBER 2022

Neighbour Ordered To Remove Obstructions On Mutual Driveway

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As we discussed in a previous blog, an easement may become abandoned as a legal right as a result of prolonged lack of use.

CanadaReal Estate and Construction
James R.G. Cook
James R.G. Cook
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As we discussed in a previous blog, an easement may become abandoned as a legal right as a result of prolonged lack of use. However, there is a high threshold to establish that a registered easement has lost its legal status.

In Fromstein v. Michele-King, 2022 ONSC 6602 (CanLII), the Ontario Superior Court of Justice addressed a dispute between two neighbours in Toronto over the use of a mutual driveway running between their two houses. The mutual driveway was created by reciprocal easements registered on title to each of the properties and was described as a right-of-way without any restrictions or uses specified.

The driveway was wide enough for a car to pass between the two houses and had been historically used by successive owners to access parking garages located in the rear of their properties. By 2022, the garages were long gone but the remnants and parking pads remained.

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