What is the test for obtaining a prescriptive easement over the Barren Road over the Hartlen lands?

Nova Scotia, Canada


The following excerpt is from Miller v. Hartlen, 2014 NSSC 296 (CanLII):

In view of the serious consequences for the servient property owner, a prescriptive easement will be found only where there is clear evidence of both continuous use and acquiescence in such use by the owner of the servient property: Henderson v. Volk, supra, at para.21. Did the applicant exercise continuous, uninterrupted, open and peaceful use of the Barren Road over the Hartlen lands for a period of 20 years?

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