Can a dock and wharf installed on a neighbouring property prevent a property owner from accessing access to the lake?
Ontario, Canada
The following excerpt is from Steven Sanderson v. Joan Jay, 2019 ONSC 2117 (CanLII):
In Day v. Valade, the riparian right of access was held to entitle a property owner to place a boat in the lake at any point along their shoreline and to travel directly out from the shore to reach navigable water. A wharf and dock installed on an adjacent property that obstructed the property owner from doing so, would amount to a breach of their riparian rights. The trial judge in Day v. Valade found that a direct line out from the shore refers to a line that travels in a direction that is perpendicular to the shore, and rejected the argument that such a line refers to an extension of the property line.
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