law – BIG

I’m the president of a property owners’ association and we are looking at posting two signs at the entrance to our private roads. (The municipality does not maintain our roads. They’re maintained by the association dues we collect annually from each property owner.) In the last couple of years, we have noticed more activity on our roads by individuals who are not members of our association. More specifically ATV activity and people using the roads to access our lake. Does the association have a right to post a sign stating “Private Road No Trespassing”? Are there any ramifications in doing so and is there other wording we should consider?— M.J., Trent Lakes, Ont.

Go ahead and post your signs. “If the road is a private road and is private property, the owners of the road have the right to post ‘No Trespassing’ or any other signage restricting access to the property,” says Jeffrey E. Streisfield of Land Law. Post as many signs as you want: “There is no restriction on the number of signs you can erect on your private property or along the roadway.”

It’s a good idea, however, to first confirm the registered owner of the private roads, says Oliver Cooper, a lawyer with McGillen Keay Cooper Law Office in Peterborough, Ont. “Are the roads included on every cottager’s property deed? Or is only one person the actual owner?” This could matter because, under the Trespass to Property Act, it’s only the person who is officially considered an “occupier” who has “legal authority to deal with the road,” says Cooper. (For advice on how to track this info down, contact your lawyer.)

But back to your question. Your wording suggestion is fine, but “I’d also include ‘No Unauthorized Motor Vehicles,’ ” says Cooper; this drives the point home for the ATV riders. And put a “10-cm, solid red circle in the middle of the sign,” he says. It’s highly visible, and everyone knows that red means stop. In fact, under the Act, a 10-cm red circle is the only thing you need to post. “As soon as you post that, you’ve ‘given notice,’ ” says Cooper. “Anyone who comes on your property uninvited is violating the Act.”

There are no ramifications to posting the signs. But there’s also no guarantee that they’ll work. Let’s give these ATV riders and other non-association members the benefit of the doubt: maybe they don’t know the roads are private. Maybe once the signs are up, they’ll stay away. If not, you have every right to call the police—they’re breaking the law.

This article was originally published in the Winter 2021 issue of Cottage Life magazine.

Got a question for Cottage Q&A? Send it to answers@cottagelife.com.

With approximately 40 to 50 percent of all first marriages ending in divorce, the battle over pets is heating up. As couples marry and have children at a later age, many often come into relationships with their own pets or acquire a pet together as a couple.

Since pets are legally considered property, like a house or a car, you might want to consider a prenuptial agreement that includes Rover or Kitty. Otherwise you could find yourself arranging visitation times for your own pet.

Often whoever gets the kids usually gets the pets, since the trauma of losing both a parent and a pet from the household at the same time would be considered especially cruel for youngsters. There have also been cases where a pet is abused by an ex, so planning ahead for a beloved pet is not only wise, but also the safest route to ensuring your furry companion is safe and secure.

A new book What About Wally by pet expert Steven May and family lawyer David Pisarra tackles the sometimes hairy question of who gets the dog. The “Part How-To and part How-Not-To guide” examines what for some is the most difficult and contentious hurdle they’ll face during a divorce, separation or break-up.

“We wrote this book because of the math,” said May, founder of The Daily Growl and former publisher of Vetz magazine “According to the Humane Society there are more than 78 million owned dogs in the U.S. and they’re in 39 percent of households.

“There are also 2 million marriages a year with up to 50 percent ending in divorce. When you add in separations and co-habitation break-ups the numbers add up. This is a very real issue for a huge number of people.”

Having represented hundreds of individuals in divorce court, Pisarra echoed that opinion. In fact, he has seen couples fight just as viciously over their pets as they do their children.

“Battles over custody of the dog aren’t like arguments about who gets the car,” said Pisarra who has authored a series of books on men and divorce. “I’ve seen all the strategies that come into play during child custody cases also employed with dogs. People have a deep relationship with their pets, particularly childless couples. It can get mean and nasty.”

Delving in to such topics as dog custody and the law, how to best co-parent when living apart, dogs as “starter children,” and pet training tips to help keep dogs well-adjusted to the new situation, the book is an informative guide for anyone concerned with pet custody.

“Pet parents suffer emotionally when ‘Wally’ becomes part of the break-up,” said May. “We felt it was time for a book that acknowledges that reality and lends a hand.” The book offers practical legal advice and thoughtful dog behavior guidance along with real life stories and personal anecdotes from the authors own experiences in co-parenting a pet with their exes.

So, before you make the leap into a new domestic arrangement, whether marriage or common-law, it’s a good idea to spell out, in the event of a break-up, who gets the dog.

Photo: akeeris / FreeDigitalPhotos.net