Can a driveway be moved 13 feet to the north?
Ontario, Canada
The following excerpt is from Deforest Bros. v. Tuck, 2020 ONSC 6439 (CanLII):
Similarly, in Germain v. Brar, 2010 ABQB 530, at para. 50, the court held that the claimants would have suffered considerable inconvenience because in order to avoid driving over some portion of the servient tenement and to access the garage, they would have had to re-structure and renovate the house and retaining wall. In English v. Wood, [1981] N.S.J. No. 424, 1981 CarswellNS 261 (S.C.T.D.), the court found an implied easement even though the driveway in question could be moved 13 feet to the north.
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