Ontario civil | Real Property | Easements | Creation of easements
Applicant was owner of property. Respondent was owner of adjoining properties. Applicant brought application for declaration that she acquired prescriptive easement over portion of adjoining land located at rear of another property owned by respondent, and for declaration that she owned strip of land on border of her property and respondent’s other adjoining property by reason of adverse possession. Application granted. Applicant had established on evidence all of five essential criteria confirming her entitlement to prescriptive easement over turnaround area on respondent’s property in favour of her property.
Monika Law v. 450470 Ontario Limited (2018), 2018 CarswellOnt 17193, 2018 ONSC 6043, R.J. Nightingale J. (Ont. S.C.J.).
