What is the test for “entirely consistent” with “consent or tacit permission” by the owners of a servient property?

Nova Scotia, Canada


The following excerpt is from Mason v. Partridge, 2003 NSSC 254 (CanLII):

I find that, as was the situation in Mason v. Morrow, the evidence is “at least equally consistent with expressed or tacit permission” by the owners of the servient property.

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