INTERESTS IN LAND - Easements - Creation - By implication

Law360 Canada ( May 3, 2021, 9:28 AM EDT) -- Appeal by Douglas Lake Cattle Company from a trial judgment that gave the public access to two lakes on its property. The Province issued Crown grants for the property in question without specific reservation of roads or trails in the wording of the grant. A map annexed to the Crown grant depicted a trail and road. The judgment gave the public access to Minnie Lake via the trail and the road and access to Stoney Lake by the road. The trial judge found part of the road was exempted from the Crown grants that established the titles to the property eventually acquired by the appellant and the remainder of the road was a public highway because it had been maintained out of public funds. He further found the trail was exempted from the Crown grant. He awarded the respondent special costs as a public interest litigant....
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