I have a piece of h/w commercial property along an offroad entrance into a bedroom community. Over the course of the last 10 years the lands around it have become developed. This has included the properties being filled to come to street grade level. Our h/w commercial property has always been at grade level. The h/w commercial lot (3 acres) beside our lot required a great deal of fill. We had made a property owner to property owner agreement to make a ditch between our properties to ensure proper drainage. Half the ditch is on our property and half is on theirs.
MTO is currently widening the Trans Canada Hwy and constructing the necessary drainage required for a major intersection. In doing so, they have constructed drainage paths into our private lands ditch. We are now concerned wrt. our own property value and the construction set backs that maybe imposed onto our property and are they allowed to do this without the property ownners permission. Anyone have any guidance