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Right of Way maintenance

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Old 10-22-2007, 06:49 PM     #1
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Confused Right of Way maintenance

I have a deeded registered right of way to my property going back to the 1930's (Ontario Canada). The right of way is 30 foot wide and about 1km to my propery. There are 8 other properties on the right of way, all deeded. The right of way is simply a single lane gravel/dirt road.

The right of way is named by the township and properties have been assigned home numbers for emergency services. There are no gates to access the right of way. It is unassumed by the township for road maintenance.

The right or way is registered and deeded, there is no mention of maintenance responsibilities in the deed originally done in the 1930's.

The land owner prefers to leave the right of way as it is. There is a 50 foot length of the right of way which runs through a swampy area. This area is prone to deep pot holes and wash outs due to run off and the nature of the swampy environment. There is no other way around and the 30 foot right of way width here narrows to the width of a car through the swampy area.

My question is can the owner through the 50 feet of swamp block maintenance on the existing road either by not doing it themselves or by preventing others to perform maintenance to maintain the existing right of way gravel road in its current and passable condition. This would result in the deterioration of the existing right of way to the extent of making access by personal vehicles or emergency and service vehicles difficult or dangerous.
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Old 10-24-2007, 05:21 PM     #2
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Default Re: Right of Way maintenance

No, reasonable access has to be maintained.

A court will order it if need be.
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