What is the effect of a single lane right of way in a residential development?

In the abstract, the application judge’s decision appears to work a fair result. After passage of nearly a half century, we have a right of way that was never developed as originally contemplated. For all intents and purposes the affected lands have served as a buffer zone (green space) separating the parties’ respective lots. The respondents’ development provides the appellants, and others within the subdivision, with a paved right of passage connecting Robinson Street with Rosedale Street. As well, the development provides for a buffer zone between the appellants’ lands and the single lane right of way. Having regard to these facts, it is understandable that one would argue that the appellants are better off than they would have been had the lands been developed as a public street. However, there is one aspect of Voye v. Hartley that the parties did not bring to the application judge’s attention. A brief review of the pertinent facts of that case is warranted.