When can a request for confirmation of a prescriptive easement be denied if there is no evidence of use for about 4 years?
Manitoba, Canada
The following excerpt is from St. Boniface Warehousing Ltd. v. BBD Holdings Ltd., 2019 MBQB 181 (CanLII):
In Frohlich v. Ferraro, 2016 ONSC 3324, Conlan J. refused a prescriptive easement where there was no evidence of use for about four years. Similarly, in Burrell v. Nova Scotia (Attorney General), 2004 NSSC 249, the request for confirmation of a prescriptive easement was defeated by a lack of evidence of use during a period of two and one-half to three and one-half years.
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