In what circumstances will a landlord be permitted to excavate to make a right of way feasible for vehicular use?
Ontario, Canada
The following excerpt is from West High Development v. Veeraraghaven, 2011 ONSC 1177 (CanLII):
In Smith v. Morris, supra, the owner of the dominant tenement was permitted to excavate so as to make the right of way feasible for vehicular access, provided he build a proper retaining wall (see: para. 7 and, as well, passages previously quoted).
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