What is the test for termination of a right-of-way?

Nova Scotia, Canada


The following excerpt is from Burgoyne v. Hutton, 2016 NSSC 60 (CanLII):

Similarly, in MacNeil v. Anban Holdings, 2005 NSSC 6, paragraph 17 stated: “It is clear then that their right-of-way will not be terminated for non-use alone. There must be ‘very definite evidence of abandonment’ to use the words of Glube J.”

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