INTERESTS IN LAND - Easements - Dominant and servient tenement - Rights of way

Law360 Canada (October 4, 2023, 6:36 AM EDT) -- Petition by the Plaintiffs for a permanent injunction restraining the Defendant from allowing members of the public to use the right-of-way to access the proposed campground or other commercial establishment. This matter was about the proper use that could be made of a right-of-way that ran over the Plaintiffs’ property and provided the only means of access to the Defendant’s property. The Plaintiffs wished to keep traffic on the right-of-way over their property to a minimum. The Defendant wished to develop its approximately 40 acres of land into a campground, which would necessarily increase the traffic over the Plaintiffs' property. The Plaintiffs said the Defendant’s proposed commercial use would overburden the private right-of-way, while the Defendant said there were no restrictions on its use of the right-of-way. The Defendant sought declaratory relief....
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