What is the test for obtaining a prescriptive easement to prevent the owner of a servient property from using the servient's land?
Nova Scotia, Canada
The following excerpt is from Balser v. Wiles, 2013 NSSC 278 (CanLII):
In view of the serious consequences for the servient property owner, a prescriptive easement will be found only where there is clear evidence of both continuous use and acquiescence in such use by the owner of the servient property: Henderson v. Volk, supra, at para.21.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a claim against a servient owner of a property where the use of the property is not permitted? (Nova Scotia, Canada)
What is the test for obtaining a prescriptive easement over the Barren Road over the Hartlen lands? (Nova Scotia, Canada)
What is the test for “entirely consistent” with “consent or tacit permission” by the owners of a servient property? (Nova Scotia, Canada)
Can a servient tenement owner stop the use of their driveway? (Nova Scotia, Canada)
In what circumstances will a landowner who has claimed colourable title to land be able to oust the title of the true owner of the land? (Nova Scotia, Canada)
What is the test for ousting a property owner under the statute of limitations? (Nova Scotia, Canada)
Can recitals be used to determine the intent of the parties in a real property deed? (Nova Scotia, Canada)
Does a subdivision of land absolve or exempt lands otherwise dedicated? (Nova Scotia, Canada)
What is the Attorney General's responsibility to ensure that North 4 is not used in the context of the use of North 4? (Nova Scotia, Canada)
What are the damages for loss of use, loss of peace of mind, and loss of enjoyment of use? (Nova Scotia, Canada)
