We took your question to Rusty Russell, senior partner at Orillia law firm Russell, Christie, LLP, and an acknowledged expert on the often-thorny questions surrounding the rights and obligations of road owners in Ontario. His recently published book, Russell on Roads (Carswell Thomson, 2005, $79), is intended as a resource for administrators, legislators, planners, and just plain folks who find themselves caught up in the issues.

The first question to answer, advises Russell, is whether your neighbours have a deeded right-of-way (also known as an easement) allowing them to use your road. If so, you cannot legally prevent them from doing so. On the other hand, as owner of the land "underneath," you have no obligation to maintain the road for their use. So if the upkeep is onerous, you'd be within your rights to stop maintaining it - though, as Russell points out, if you also use it yourself this solution may not be practical. If there is no deeded right-of-way, then your neighbours are using the road by your goodwill. Even so, if they had no other access to their cottage properties, then according to Ontario's Road Access Act you could not legally cut them off. Since, in this case, it seems they do have another way in, i.e., their own road allowance, you would be within your rights to refuse them the use of your road.

As a veteran of road disputes, however, Russell strongly advises against acting quickly. Don't close the road without notice; instead, send a letter stating your intent to terminate your neighbours' use of the road by a certain date (say, a month ahead). The onus is then on them to respond. "You'd be amazed what sometimes comes out," Russell says. Your neighbours may have a long-standing right-of-way you don't know about, and may come forward with proof. It could be that, although a road allowance exists on their survey, the municipality has not granted consent for a road (in which case, again under the Road Access Act, you can't refuse them the use of yours). Your neighbours might even make you an offer of assistance with upkeep that satisfies you, and keeps things amicable. Or they might have no comeback at all, in which case you're fully within your rights to close the road.