Is obstruction of a private right of way actionable?
Ontario, Canada
The following excerpt is from Lester v. Bond, 2013 ONSC 7888 (CanLII):
In Pettey v. Parsons, [1914] 2 Ch. 653 Cozens-Hardy M.E., held at page 662 that the obstruction of a private right of way is not actionable unless there is a real, substantial interference with the enjoyment of it.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is encroachment on a private right of way actionable? (Ontario, Canada)
Can an individual seek private interest standing against an administrative order that interferes with a private right? (Ontario, Canada)
How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property? (Ontario, Canada)
Does Age-Less have the right to conduct an examination of a judgment creditor of a party to a subsequent action commenced by the judgment creditor? (Ontario, Canada)
Is the certification stage of a class action a test of the merits of the action? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What are the costs of a personal injury settlement when the parties settle a civil action with the assistance of a private mediator? (Ontario, Canada)
Can a driver who exits a private driveway and crosses a highway from a private road or driveway avoid a collision? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What is the test for the right to a jury trial in a civil action? (Ontario, Canada)
