What is the effect of obstructing a right of way by constructing a building?

Obstructing a right of way by constructing a building, which is acquiesced in by the owner of the dominant lands, is frequently a key fact to support a conclusion that the right of way has been abandoned. In Rousseau, (supra), a shed had been built that completely blocked the 10 ft. right of way in question, with no objection from the owner of the right of way for more than 50 years. In the course of concluding that the right of way had been abandoned, Osborne J. said this, at para. 26: No use has been made of this right of way since 1923. That conclusion is based not upon the absence of evidence of use, but upon positive evidence of non-use. The obstruction to the right of way was not a subtle one. It was obvious to anyone concerned. The non-use of the right of way has not been explained as was the case in Baker v. Harris, supra.