Is encroachment on a private right of way actionable?
Ontario, Canada
The following excerpt is from Matuszek v. Aishford, 2019 ONSC 1028 (CanLII):
An encroachment on a private right of way is actionable only where the encroachment substantially interferes with the dominant owner’s ability to use the right of way for a purpose identified in the grant: Weidelich v. De Koning, 2014 ONCA 736 (CanLII) at para. 10. The requirement that the dominant owner prove substantial interference reflects the fact that they do not own the right of way or land upon which it runs, but only enjoy the reasonable use of that property for its granted purpose: Weidelich at para. 12.
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