Is the looped road in Stanford Park an expressed right-of-way?

Nova Scotia, Canada


The following excerpt is from Nickerson v. Hatfield, 2013 NSSC 133 (CanLII):

I am unable to conclude that the Stanford Park regulations established the looped road as an expressed right-of-way. I find as a fact that the words in the regulations allow access to all cottages on Edgehill Avenue to be by way of Park Drive and Edgehill Avenue. It is common ground that both are right-of-ways. The deeds to the Edgehill Avenue lots state that it represents their eastern boundaries. The 1970 Melman plan indicate that the right-of-way was Park Drive and Edgehill Avenue. Applying the Shea v. Bowser, supra. points, I cannot conclude that the looped road is caught by the Stanford Park Regulations.

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