Focus On
NEW In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax

INTERESTS IN LAND - Easements - Creation - By express grant - By express reservation from grant - Particular easements - Positive easements - Rights of way

Tuesday, December 19, 2017 @ 8:32 AM  

Appeal by the Purdys from a decision finding that the respondent cottagers had a right-of-way over their cottage property to the shore of the Northumberland Strait. Originally part of a farm owned by Brownell, the lots were deeded to cottage owners over many years. Each cottage owner’s deed also granted a right-of-way to the shore. The respondents relied upon a reservation in the 1996 deed from Brownell to the appellants to establish a right-of-way to the water across the appellants’ land. The trial judge found that...