What is the test for determining whether a tenant of a tenement has a right to access the property by way of way?
Nova Scotia, Canada
The following excerpt is from B.O.J. Properties Ltd. v. Allen's Mobile Home Park Ltd., 1979 CanLII 2583 (NS CA):
The trial Judge based his reasoning on a statement of Sedgewick, J., in Stephens v. Gordon (1893), 1893 CanLII 4 (SCC), 22 S.C.R. 61 at p. 99, that where no way is specified the grantor may assign a way but it must be reasonable, otherwise: . . . the grantee may select a way, a way that is "most direct and convenient", for himself, but one, the use of which will not unreasonably interfere with the grantor in the enjoyment of his rights upon the servient tenement.
"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 are the factors used by the courts to determine a parent's right to access? (Nova Scotia, Canada)
What is the judicial approach to determining whether grandparent access is in the best interests of the child? (Nova Scotia, Canada)
What is the test for determining whether a defendant is liable for property damage? (Nova Scotia, Canada)
What is the test used to determine whether there is a disqualifying conflict of interest? (Nova Scotia, Canada)
What is the test for a review court to determine whether a tribunal’s decision is justified, transparent and intelligible? (Nova Scotia, Canada)
What is the test for determining whether a party can proceed with an application? (Nova Scotia, Canada)
What is the test for determining whether a specific provision in provincial law should be applied? (Nova Scotia, Canada)
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
What is the test for determining whether a hypothetical event is a real or substantial possibility? (Nova Scotia, Canada)
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)
