Armour

[26.2]

The top three bids for the Rat Lake property with cabin were $63599 second was $35010 and third was $34667.  I hope the winner knows the ROW to the property expired last week. 

[farrouk]

I didn't know a right of way could expire. Do you know if this was deeded ROW or just a legal agreement between neighbours for access. Just when you think you understand all the ways to get burned you find another one!!

[26.2]

Do you know if this was deeded ROW or just a legal agreement between neighbours for access.

Hi Farrouk 
It was a 20 year legal agreement between neighbours on title, and likely coincidental that the expiry was the week before the sale.  This detail I assume can be resolved however it diminished the value of the property in my mind.  I came in third

[Frank]

The legal agreement - allowing trespass for a determined length of time - prevents you from being able to claim a legal right of trespass (I believe that if you trespass across somebody's property for 17 years, you can claim a legal right forever).   Another way to make it legal forever is to obtain an easement on title...this would have to be approved by a planning authority much like a severance of land.   

The neighbour may be willing to renew the right, however their may be a cost to it, especially if he wants it registered on title...you can also do it by simply serving regular notice that you are aware of the trespass, or encroachment as in the case of a garden shed or fence that gets placed by accident on a neighbours property.

[george22]

Hi 26.2
I think I should say thanks for asking questions the day of the sale.  I didn't know we could ask!?  Funny I saw the ROW for the same thing.  Just another piece to the over all cost to develop the lot.  Really, making my bid alittle less in the end also.  Franks words from other posts are wiser than he knows.  $63501.99 was way over the top.  MLS/agents and private sales would have found bigger/better and with less heart aches attached for the same price or less.