Opinions and Current Issues Blog
Saba Ahmad is a Litigator working on environmental, administrative and commercial matters in Toronto. Learn more at www.sabaahmad.com
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Saba Ahmad
29 Abbott Avenue
Toronto, Ontario M6P 1H3
(416) 580-4051 (tel)
(416) 981-3279 (fax)
Twitter Handle: SabaBPC
Email: Saba@SabaAhmad.com
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I own two adjacent homes among a row of four. At the back of all four homes is a right of way which passes through each of our yards ENDING at my properties.
There are no garages or anything belonging to any of my neighbours. I have been using the end of the laneway for storage and bike parking for the past 18 years. The right of way merely allows each of my neighbours to access their homes from the street to their respective backyards. Actually, my neighbours use the right of way to park their cars in their backyards. I’m not sure if this is legal or not and I don’t really care.
My issue….
I am building at the back of my farthest home a space to park and lock my, and my family’s, bicycles. Because that end of the right of way was badly deteriorated prior to my ownership of the property I fixed by grading and pouring a low cement slab so that a bike could ride safely. I would also like to build a a small awning over top to protect the bikes from the weather.
The use is not mutual to any of my neighbours. In fact the direct neighbour is myself. I am not in any way preventing access to my neighbours use and access to their properties.
In your opinion what would my risk be in this situation if one of my neighbours were to be at issue?
I refer to the Cottingham St dispute…
http://www.thestar.com/life/homes/2015/04/03/right-of-way-ruling-upheld-in-neighbour-dispute.html
The difference in my case is that there is no garage or driveway for any of my neighbours to access beyond their own properties well before my own two properties.
Help!