Can a Cottage Owner Claim a Right-of-Way in Ontario?

Can a Vague Old Agreement Create a Right-of-Way Over Someone’s Property?

No — a right-of-way (also called an easement) is only legally valid in Ontario if its location is defined with enough certainty to be identified on the ground. In Armstrong v. 571609 Ontario Inc., 2026 ONSC 3831 (CanLII), the Ontario Superior Court of Justice dismissed a claim based on a 1937 agreement that used only a vague descriptor to identify the route. Because the location had never been surveyed or formally laid out, the court found no enforceable easement had been created.

This matters for anyone who owns or is buying rural or cottage property in Ontario. A handshake deal or an old document that says “you can cross our land” may not give you any legal protection — especially if the route was never mapped.

What Is an Easement by Necessity, and When Does It Apply?

An easement by necessity only arises when a property is completely landlocked — meaning there is no way to reach it except by crossing someone else’s land. In this case, the cottage property had consistent water access, so the court found the land was not truly inaccessible. The fact that water access might be inconvenient or impractical during certain seasons is not enough. Ontario courts require genuine inaccessibility, not mere inconvenience, before they will imply a right-of-way.

If you own a waterfront cottage and rely on boat access, you should not assume a court will grant you a land-based right-of-way simply because driving would be easier. The legal test is strict.

Can Proprietary Estoppel Give You a Right-of-Way Over a Neighbour’s Land?

Proprietary estoppel can sometimes create enforceable rights when one person relies on another’s clear promise to their detriment. However, the court applied the test from Cowper-Smith v. Morgan and found that the permissions granted here came with restrictions — they were not clear assurances of a permanent right-of-way. Without a genuine representation that a right-of-way existed, and without unfairness in holding the parties to their strict legal rights, the estoppel claim failed.

In plain terms: being allowed to cross someone’s property from time to time, especially with conditions attached, is not the same as being promised a permanent legal right. Ontario courts draw a sharp line between permission and entitlement.

Does Ontario’s Road Access Act Protect Access Over an Overgrown Trail?

No — not if the trail is not currently serviceable as a motor vehicle route. Ontario’s Road Access Act protects established “access roads,” but the court found that an overgrown bush trail requiring clearing before it could be used does not meet that definition. Drawing on guidance from Blais v. Belanger and Kilpatrick, the court confirmed that a trail must be usable in its current condition. Turning an overgrown path into a road through clearing and maintenance is not what the Act was designed to protect.

This is an important limit on the Road Access Act. Property owners sometimes assume that any historical route — even one that has fallen into disuse — qualifies for statutory protection. This decision confirms that is not the case.

What Evidence Do You Need to Prove a Right-of-Way in Ontario?

To successfully establish a right-of-way, you generally need at least one of the following: a written agreement that clearly identifies the route (ideally with a survey), evidence that the land is completely landlocked with no other access, a clear and unambiguous promise that was relied upon to your detriment, or a motor vehicle route that is currently usable without repair. Vague language, informal permissions, and historical use alone are rarely sufficient.

Our Ontario motor vehicle accident lawyers regularly advise clients on property access disputes that arise from road and driveway conflicts — including situations where access issues contribute to accidents or injuries.

How Does This Affect Cottage Buyers and Sellers in Ontario?

If you are buying a cottage or rural property that relies on crossing a neighbour’s land to reach a road, you need to confirm that access is legally protected before you close. Ask your lawyer to check whether a right-of-way is registered on title and whether it is adequately described. If it is not registered, or if the description is vague, you could find yourself in exactly the position the property owner in this case faced — with no enforceable legal right to cross.

For buyers near communities like Hamilton, Burlington, or Oakville, where rural and semi-rural properties are common, this issue comes up more often than people expect. If you are dealing with a property access dispute that has led to a physical confrontation or a road-blocking situation, our Burlington motor vehicle accident team may be able to help.

Practical Takeaways for Cottage and Rural Property Owners

• Check your title before you buy. A right-of-way must be registered and clearly described to be enforceable — do not rely on a seller’s assurance that “we’ve always crossed that land.”
• Water access does not make you landlocked. If your property has any alternative access, courts will not imply a right-of-way by necessity, even if land access would be far more convenient.
• Permissions are not promises. Being allowed to use a trail or driveway informally does not create a legal right. You need a clear, unambiguous assurance — and evidence that you relied on it.
• Overgrown trails are not protected roads. The Road Access Act only applies to routes that are currently usable by motor vehicles without significant clearing or repair.
• Get a survey. If you are negotiating access rights with a neighbour, insist on a surveyed description of the route before signing anything.

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This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.