Can a vendor refuse to grant a right of way over any road laid down on the plan?
Ontario, Canada
The following excerpt is from Carey v. Toronto (City), 1885 CanLII 23 (ON CA):
In 1 Dart. 121; “So on a sale or lease of building ground the exhibition on the plan of intended roads and other improvements on adjacent land, does not bind the vendor or lessor to make or extend such road or improvement, nor entitle the purchaser or lessee to a grant of a right of way over any road so laid down on the plan, except such as form the direct means of communication with the nearest highway,” citing Randall v. Hall, and adding in a note to it: “But quaere whether the vendor refusing to grant a right of way at any rate over such road as might eventually be made could enforce specific performance.”
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