INTERESTS IN LAND - Easements - Creation - In equity - Rights of way

Law360 Canada ( July 31, 2026, 9:34 AM EDT) -- Appeal by appellants from a decision granting the respondent an easement by way of proprietary estoppel over the appellants’ land for a right of way providing access to a cemetery. The cemetery abutted land owned by the appellants, and since at least 1940 access was a right of way on that land. Minutes from a 1940 meeting indicated a deal was made with the appellants’ predecessor in exchange for a burial plot, although no right of way was formalized or registered. For decades, the right of way was used and maintained. In 2016, the appellants blocked access to the cemetery, leading the respondent to apply for an order directing registration of an easement. The judge held that proprietary estoppel applied and ordered registration of an easement. On appeal, the appellants argued that any unregistered interest was extinguished on a prior transfer to a bona fide purchaser for value and that the judge erred in finding an easement by proprietary estoppel, specifically challenging the findings of representation and detriment. The issues were whether the appellants were bona fide purchasers for value and whether an easement was created by proprietary estoppel....
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