Is a servient tenement owner's acquiescence to the use of their property to establish a prescriptive title?
Ontario, Canada
The following excerpt is from Barbour v. Bailey, 2016 ONCA 98 (CanLII):
Acquiescence by the owner of the servient property to the use of the person seeking to establish an easement must be more than good neighbourliness. In those instances where the owner of the servient tenement can readily be taken to know of the notorious use of his property, if he makes no objection, then his acquiescence to that use, sufficient to establish a prescriptive title, can readily be inferred: Henderson v. Volk, at p. 384.
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