Is an easement that bisects a backyard and consumes 20% of the property and 10% the total property valid?

Ontario, Canada


The following excerpt is from Ridgely v. Nielson, 2007 CanLII 14624 (ON SC):

In Dennis v. Hockin, [1993] O.J. No. 1701 Hoilett J. considered an easement that bisected a backyard and consumed 20% of the backyard and 10% of the total property. He observed: “All quibbling apart, no one reasonably suggested that a property-owner reasonably advised would erect any structure, including a swimming pool, in the backyard. It is beyond question that the use that the easement significantly compromises the use that the purchaser could make of the backyard.” He concluded in that case, that the easement was ‘major’ and the purchaser was entitled to rescind.

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