Does a servient tenement have an obligation to respect the right of way of land that has been granted?
Ontario, Canada
The following excerpt is from Stella Psarakis Medicine v. Catharine and Carl Gonnsen, 2015 ONSC 25 (CanLII):
As Feldman J. A. noted in Fallowfield v. Bourgault, in paragraphs 32 to 35, after discussing ancillary rights to an easement, there is some latitude to the use of the land subject to the right of way by the servient tenement. That latitude, however, is limited to those uses which do not substantially interfere with the other party’s use of the easement that have been granted. To allow otherwise would effectively eliminate the right of way.
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