Our property is in a subdivision created in the mid 70's and a private access road to approximately 15 properties in the subdivision was built (metal with a formed concrete edge). The access road has been in place ever since, and used by all of the property owners. A 6 meter wide road easement exists across each applicable property to accommodate the access road, which is approximately 5 meters wide. A property owner who purchased their undeveloped section approximately 6-7 years ago has recently asserted that the road is not aligned with the easement on part of their property, and as a result, has erected a fence down a portion of the road, denying full use of the pre-existing road to the other subdivision property owners. No notice was given. The affected section of road is now somewhat less than 4 meters, so is still useable by a vehicle. The easement along this section of road apparently extends out 2+ meters on the other side of the road, however there is a steep embankment. As a result, it would be costly to realign the road.
It seems strange that after 40 years in use in its existing location, a property owner would now be able to partially constrict the road? How might this be looked at under the land-locked property rules? Are there other mechanisms to address this issue?
At the time of purchase, I would have had to pay to survey the entire road to identify this issue, which seemed unnecessary for a road that has been in use for 40 years? This would suggest that each new property purchaser in a subdivision should get their own road survey??
It seems strange that after 40 years in use in its existing location, a property owner would now be able to partially constrict the road? How might this be looked at under the land-locked property rules? Are there other mechanisms to address this issue?
At the time of purchase, I would have had to pay to survey the entire road to identify this issue, which seemed unnecessary for a road that has been in use for 40 years? This would suggest that each new property purchaser in a subdivision should get their own road survey??
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