What is the test for determining whether a historical access road is an access road?

[57] The facts in Blais v. Belanger involved an historical access road that had reverted to nature and had been grown over for 40 or 50 years before the new owner of the landlocked parcel took action to alter the condition of the land following the old route to make it passable. The court held that whether a road was an access road had to be determined by reference to whether the road existed contemporarily, not historically. As there was no analysis by the trial judge on that basis, the finding that the road was an access road could not stand. The court stated, at para. 38, "Landlocked landowners cannot by acts of trespass, bring into being an access road across the land of another." It is in that context that the statement is made at para. 29, "First, those who use an access road on the land of another do not have the right to repair or maintain the road."