INTERESTS IN LAND - Easements - Disturbance of an easement - Extinguishment of easements - Rights of way

Law360 Canada (July 20, 2023, 6:15 AM EDT) -- Application by applicant, property owner on plan 544 relating to the use of a registered right of way. The land on plan 544 was originally a cottage area and while there were still cottages on plan 544, there were also four-season homes. The applicant was one of over 50 owners who had a right of way in their favour over certain property owned by various parties, including the three respondents. The respondents argued that there was overwhelming evidence that the right of way had been abandoned for at least 10 years before the respondents’ property was conveyed from the registry system to the land titles system....
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