Imagine buying a home, using the driveway outside it every day, and then finding a fence installed down the middle of that driveway. That is what happened in Ontario in December 2024, when a landowner built a fence along a strip of land that a neighbouring company and its predecessors had used for more than thirty years. The Ontario Superior Court of Justice has now ruled on the dispute, ordering the fence removed. The decision offers a fascinating look at how long-standing use, silence, and fairness collide with property rights. Read on to learn what the court decided and why. The case also highlights why property owners should document access arrangements before a long-standing neighbourly practice turns into a legal dispute.
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