access right of way on a private piece of land written in deed NB canada - what rights do have to cancel?

Question

they have other access to their land - this is just an extended driveway onto our land if they sell the land what rights do we have to void access?

Answer 1

There are a few way by which a right of way can be cancelled, first of all and the easiest, is by agreement, between the current landowners affected by the right of way.

By the way you may check on the wording of the document of the right of way.
The wording may give you some oppertunity to resolve the matter, as they often contain the method by which the right of way, in your case it really is more like an easment, again the wording may be of some assistance.

The next method may be if the use of the right of way is abandoned, as in the land benefiting from the right of way no longer using the right of way for an extended period of time.

A right of way or easement can also be removed if there is no longer a need for it.

For the later 2 method you will need a good real estate lawyer that understands you local jursidiction and knows if there is still a need for it.

Technically the right of way needs to benefit the land, not merely the owner of the land, so if you can proof that the right of way is not really benefiting the land, but only its owner, you may have a good case to have it removed.

Keep in mind that if the "dominant tenement" the benefiting land owner does not want to cooperate, you will likely have a long and expensive battle ahead off yourself to get the right of way removed, and to what benefit is it to you or your land, other than emotional satisfaction....... ? That is the hard question and only you can answer if it is worth it.

Good luck

Answer 2

Their right of way for ingress and egress cannot be canceled by you or future owners of your land. Previous owners of their land were probably given the right-of-way and it will always pass in the deed chain. You need to speak with an attorney (preferably one who gives a free consultation) and ask his/her advice. You can have a quit-title suit done on the right-of-way and this is one of the only ways to have it canceled.

Answer 3

Good question.

Consult an attorney