HawthorneVillager.com

What did the town say? or mattamy? Unless it is a bylaw which is should be since Mattamy puts in in their sales agreement, then it might be hard getting him to do it. Unless a third party such as the town or official word form a lawyer says he has to do it. I also live in a town and all of our neighbors put in the gate to access their backyards.

Derek

_________________
Derek & Gaby

House2Home Renovations
derek@h2hrenos.com
http://www.facebook.com/H2HRenos
http://www.instagram.com/h2hrenos/
http://www.h2hrenos.com

that is in our contract as well. it was my understanding that a gate had to be put in. its a violation of the contract.
I would assume somehow they would be forced to adjust their fence and put in a gate.

we had to sign this part of the agreement when we purchased.
something must be able to be done.

Seems like a matter for Colin - can you shed any light?

I'd be interested to know myself, one of my concerns is having my kids out playing but having neighbours/strangers walk through while my kids were out, dogs barking/biting, etc.

On the other hand, how the heck do you get your mower through?

_________________

I agree, but what if he is not the original owner and does not know about this part of the agreement. It should transfer will sale so he should still have to follow it.

Derek

_________________
Derek & Gaby

House2Home Renovations
derek@h2hrenos.com
http://www.facebook.com/H2HRenos
http://www.instagram.com/h2hrenos/
http://www.h2hrenos.com

Tell them because that is a pain and you don't have to. When they bought they agreed to the terms so they have to do it. If not then they get sued. Ask them if they lived in the middle would they like to take their lawnmower though their house.

Derek

Buy an old $5 push mower at a yard sale just for the satisfaction of chucking the mower over their fence at the easement, climbing in after it, crossing the easement, then going into your own yard through the shared gate. Mow a couple of strips, then reverse procedure. Repeat every 2 to 3 days.

Best of luck. Let us know what happens.

Is small claims court an option here? That way, you save the lawyer fees. In fact, even before court, I would send a registered letter demanding that the gate be put in within X months, as required by the contract. That when you get to court you can show that your neighbor was aware of the requirements and deliberately ignored them.

The easement is described in the legal description, so the owner of the end unit doesn’t have any option not to put access

here is mine- I'm a corner: PT BLK 230, PLAN 20M986, PTS 11,12 & 13 20R17264; MILTON. S/T EASE HR582951 OVER PT 12 20R17264 FOR PTS 9 & 10 20R17264. S/T EASE HR582951 OVER PT 13 20R17264 FOR PTS 6,7,8,9 & 10 20R17264. S/T EASEMENT FOR ENTRY AS IN HR591969

_________________
Real Estate Sales Representative with the
AMY FLOWERS TEAM
Royal LePage Meadowtowne Realty
michelle@amyflowers.ca
http://www.amyflowersteam.ca

I do belive he doesn't need to put up a fence, but if he does it needs to have access. If he doesnt put access then you can call the city. It is a fire hazzard not to allow access to the back of your house. I have friends that were on the end, and they put 2 gates up (side of house, access to neighbors yard). It does give the owner a bigger yard, but do you really want people walking through your yard when your out there, or if you have a dog and it gets out? whos fault is that??? Bets bet is build a fence on your property line, take the 4ft less and enjoy a beer ...

We are on an end unit (not a corner) townhouse, and if we took 4 feet off our back yard that would leave us with about enough room for a bbq and a couple of chairs. I don't even think there is 4 feet between the our end unit and the end unit of the other townhouse block

We'll just have to deal with our neighbours coming through our backyard. It shouldn't be a big deal.