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  #1  
Old 05-28-2010, 06:54 PM
agilent_one agilent_one is offline
 
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Default Lease Question.

All,

A quick "hypothetical" for our local legal team:

Let's say "I" lease a parcel of land from the province of Alberta, and it's surrounded entirely by county owned land. There is one road to access, which, of course, crosses over county land.

Can the county deny access to the road that is the sole means of entry to "my" lease? It should also be noted that closing this access will also close the only access road to a small piece of crown land nearby.
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  #2  
Old 05-28-2010, 07:33 PM
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walking buffalo walking buffalo is offline
 
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A 'hypothetical' legal opinion is going to take a little more information than what you provided. Since it is all hypothetical, give some details.

Where in relation to 'your' lease is the road?
What is the land use designation of the crown land and 'your' lease?
Who would be denied access? Everyone? All but you?

And why is your question so vague?
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Old 05-28-2010, 09:32 PM
clakjp clakjp is offline
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Why close the road???? Close your gate if it is to your lease.This is a little odd question to ask. What is you agenda?????It is all lease you dont own it..... We all do. So no to closing the road.As it is probably now a road alowance.
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Old 05-28-2010, 09:36 PM
duffy4 duffy4 is offline
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Quote:
Originally Posted by clakjp View Post
Why close the road???? Close your gate if it is to your lease.This is a little odd question to ask. What is you agenda?????It is all lease you dont own it..... We all do. So no to closing the road.As it is probably now a road alowance.
I think you have misunderstood the meaning of his post.
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  #5  
Old 05-28-2010, 09:36 PM
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Cowtown guy Cowtown guy is offline
 
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Quote:
Originally Posted by clakjp View Post
Why close the road???? Close your gate if it is to your lease.This is a little odd question to ask. What is you agenda?????It is all lease you dont own it..... We all do. So no to closing the road.As it is probably now a road alowance.
Look again. He asked if the county can close the road.
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  #6  
Old 05-28-2010, 09:40 PM
clakjp clakjp is offline
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Quote:
Originally Posted by Cowtown guy View Post
Look again. He asked if the county can close the road.
yes they can. Sorry mis read.Reading and talking on the phone.
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  #7  
Old 05-28-2010, 09:43 PM
clakjp clakjp is offline
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Quote:
Originally Posted by duffy4 View Post
I think you have misunderstood the meaning of his post.
Sure did.... Sorry again guys.
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Old 05-28-2010, 11:25 PM
duffy4 duffy4 is offline
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That's ok, "to error is human and to forgive is not so human" or something like that???
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  #9  
Old 05-28-2010, 11:43 PM
Rantastic Rantastic is offline
 
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From my understanding and i may be way off but the county or even if it was private land surrounding ur leased parcel, must provide access to land u r leasing or own.

Thats just my thoughts and i have no idea if thats true or not but it makes sense to me.
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  #10  
Old 05-28-2010, 11:50 PM
deanmc deanmc is offline
 
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Very vague. Is it a road or a trail across other land? Is there no road allowance to the property you are leasing? Just because there is not a developed road does not mean there is no road allowance to your property.

What county are you in? there may be a county specific bylaw for your county relating to this.
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  #11  
Old 05-29-2010, 11:39 AM
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Knotter Knotter is offline
 
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you might want to study up an road allowances in Alberta with regards to use ownership, access etc.
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