What is the nature of enjoyment required to establish an easement under the doctrine of lost modern grant?
Ontario, Canada
The following excerpt is from MacRae v. Levy, 2005 CanLII 2316 (ON SC):
The nature of the enjoyment necessary to establish an easement under the doctrine of lost modern grant is exactly the same as that required to establish an easement by prescription under the Limitations Act. (See Henderson v. Volk, supra). In this case, the MacRaes must demonstrate that they parked cars on the right-of-way under claim of right, which was continuous, uninterrupted, open and peaceful for a period of twenty years, but not necessarily the twenty years immediately preceding the commencement of this action.
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