Is the Buyer Stuck with the Snowmobile Trail?

Question:

An Offer presented on a 50 plus acreage parcel in rural Ontario. We have just found out that the Snow Mobile Trail crosses the property at the end, a very small part. The Buyers are unhappy with this deal.

Is there anyway we can revoke this Agreement or does this permit automatically get revoked with the transfer to the new owner?

Answer:

The title search clause will be helpful here. Presumably, there is a registered easement across the property. This one seems significant and would not fall under the category of minor. Therefore, the Buyer would not have to accept it. That is provided it is requisitioned in time.

Brian Madigan LL.B., Broker

www.OntarioRealEstateSource.com

Comments 1

  1. Most snowmobile trails with private landowners are simply a yearly or maybe 5 year signed LUP. Land Use Permission agreement. However there are more things to look at. It certainly wouldn’t hurt to go speak to the club about moving it to the edge or rerouting it to a spot you like better. The insurance the Ont Federation Of Snowmobile Clubs offer, will protect you from all and any peril, at their cost. It’s better to try and work with these organizations than against them. Having them cross the corner of your field keeps them off the road. It’s much more hazardous to have them crossing yours and your neighbours driveways on the side of the highway then a quiet section of a field or forest in your back 40. More and more people from the city move north to enjoy the lifestyle of the north, all the while, trying to change it as well.

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