What is the legal test for establishing a user of right?
Newfoundland and Labrador, Canada
The following excerpt is from Long Harbour Holdings Inc. v. Barnes, 2018 NLSC 149 (CanLII):
Prescriptive easements are established by “user of right”, which is practiced nec vi (“without violence”) nec clam (“not secretly”) and nec precario (“without permission”) (see Cooper v. Dawe, 2015 NLTD(G) 25).
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