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ARTICLE · 15 JUNE 2021

Claim For Road Access Act And Prescriptive Easement To Landlocked Property Dismissed

Gardiner Roberts LLP
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In Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 (CanLII), the Court of Appeal for Ontario affirmed that the appellants had no right to cross the respondents' land to get to their otherwise landlocked property.

CanadaTransport
James R.G. Cook
James R.G. Cook
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In Balogh v. R.C. Yantha Electric Ltd., 2021 ONCA 266 (CanLII), the Court of Appeal for Ontario affirmed that the appellants had no right to cross the respondents' land to get to their otherwise landlocked property.

In 2014, the appellants purchased a piece of land adjacent to the respondents' property. The appellants' land, on which a lumber mill may have been located in the 19th century, had water access, but the only way to access the land by vehicle was to use what was once a private road (referred to as "the red track"), across the respondents' property. The respondents objected to the appellants' attempt to use the red track, which was overgrown and long in disuse in 2014.

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