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Expropriation Law Centre Forum

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Private property land expropriation

We purchased a lakefront property in Ontario in 2004. There was a right of way on the property which was never used by anyone in the subdivision since the original owners acquired the property. In 1972 the then owner had a right of way over a laneway which was owned by the developer running through the middle of her property. She petitioned at this time to have the right of way moved to the edge of her property which was granted and the old laneway was sold to her for $1. The new right of way was now on her private property. We are now being taken to court as the owner's in the subdivision state that there was an error in 1972 and that it should have been a laneway under the new right of way. Do they have a case and can they expropriate our land from us? The right of way is 30 feet wide and on half of lot 2 and we own all of lot 1 and the half of lot 2 and the other half of lot 2 and all of lot 3. By-law states that only one set of stairs per lot and there are stairs already on lot 1 and the other half of lot 2. Illegal stairs were placed sneakily on lot 2 where the right of way is and we were ordered by the Conservation Authority to remove them or be fined as this is a hazzard 1 area for erosion. If they expropriate the land from us and call it a laneway it is still part of lot 2 is it not? What could they gain by doing this? Would it then be an exception to the by-law? What are our rights? We have had nothing but harrassment since we purchased the property!