(Ontario)
Question:
How can I be sure that there is a Mutual Driveway, or driveways access?
Answer:
Be sure to check the Survey.
You have to be careful. It’s been estimated that there are over 30,000 improperly documented “mutual” driveways in Toronto.
There are only three ways to properly document them:
1) Deed,
2) agreement, either registered or unregistered, and
3 ) Court Order.
There are prescriptive easements for periods exceeding 20 years. They are expensive and difficult to prove. The properties have to be both in the Registry system for the full 20 year period. If so, then, the driveway would be “grandfathered”.
Brian Madigan LL.B., Broker