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Real Property Law - Interests in land - Easements - Creation - By implication - By implied grant - Right exercised by owner for benefit of property

Thursday, September 08, 2016 @ 8:00 PM  

Appeal by the petitioners from the dismissal of their petition for a declaration of an implied easement or an easement of apparent accommodation. At times, the appellants had used part of a shared driveway located on their neighbours’ property for vehicular access to their property. The driveway was built sometime prior to 1976. Between 1976 and 1981, a hedge between the two properties blocked vehicular access to the appellants’ property. The hedge was removed in 1981 and the appellants’ grandparents were granted vehicular access on a...