Loss of Rights-of-Way

March 10, 2010

QUEEN’S PARK – Durham MPP John O’Toole says he will continue to seek an answer from the McGuinty government on the validity of longstanding rights-of-way and easements registered on properties.

“These easements are especially important for rural Ontario owners of farm, cottage and recreational land,” Mr. O’Toole said. “Many property owners may not know that the easements they rely on to access their lands are no longer valid.”

In the Ontario Legislature today, the Durham MPP asked Government Services Minister Harinder Takhar to explain why the government introduced a bill in 2006 that included provisions taking away rights-of-way registered on properties prior to 1967.  Mr. O’Toole added that anyone who wants to reinstate their easement or right-of-way may face legal fees of about $2,000.

During Question Period, Government Services Minister Takhar claimed nothing has changed. “However, he wouldn’t give a clear answer when I asked if he could guarantee that property owners won’t have to hire a lawyer to ensure their easement rights are retained,” Mr. O’Toole said.

“If this government has nothing to hide, why can’t it tell Ontario’s property owners if their rights-of-way are still valid?” Mr. O’Toole said.
QUOTE:

“The Minister of Government Services claims nothing has changed. However, he wouldn’t give a clear answer when I asked if he could tell Ontario property owners that they won’t have to hire a lawyer to ensure their easement rights are retained.”
 - Durham MPP John O’Toole.

QUICK FACTS:

In some cases, property owners hold legal rights-of-way over land they do not own in order to access their property. Some Ontario landowners are concerned that, under Bill 152, Consumer Protection and Services Modernization Act, 2006, there was a cancellation of all Rights of Way and easements registered before 1967. That is why the Ministry of Government Services issued Bulletin 2007-02.

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For further information please contact:

John O’Toole, MPP – Durham (905) 697-1501 / 1-800-661-2433