INTERESTS IN LAND - Easements - Creation - By express grant

Law360 Canada ( June 28, 2018, 7:48 AM EDT) -- Appeal by a property owner from a declaration of a right-of-way with an order amending the parcel registry. The deeds to the respondents' property contained reference to a right-of-way to Caribou Lake over part of the land purchased by the appellant. The right-of-way was used to launch boats into the lake. The appellant's predecessor knew there was a laneway to the shore of the lake which was called a common right-of-way and that one respondent used the right-of-way to put his boat in the lake. However, the right-of-way was omitted in the process of registering the appellant's property under the Land Registration Act. Prior to purchasing the land, the appellant saw a plan of survey which contained a notation "Laneway to Shore," and upon his occupation of the property he knew there was a narrow, overgrown road down the shore lot to the lake. The application judge found that the respondents had express grants of a right-of-way to the lake as set out in their deeds that was used and enjoyed. The judge directed amendment of the parcel registries accordingly. The appellant appealed....
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