What is the test for establishing a right of way in a residential tenement?
Ontario, Canada
The following excerpt is from Laurie v. Winch, 1951 CanLII 13 (ON CA):
Finch et al. v. The Great Western Railway Company (1879), 5 Ex. D. 254, was distinguished in Harris v. Flower (1904), 74 L.J. Ch. 127. [LAIDLAW J.A.: That is not this case at all. There is no suggestion here of any attempt to attach this right of way to any lands other than the original dominant tenement] It is a question of the user being increased. The nature of the right must be determined according to the character of the dominant tenement.
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