What is the test for determining the extent and nature of an easement?
Nova Scotia, Canada
The following excerpt is from Burgoyne v. Hutton, 2016 NSSC 60 (CanLII):
The court must look not only to the instrument creating the easement, but at all circumstances present at the time the easement was made in order to determine its extent and nature: Laurie v. Winch, 1952 CanLII 10 (SCC), [1953] 1 S.C.R. 49. ….
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a hypothetical event is a real or substantial possibility? (Nova Scotia, Canada)
What is the test for obtaining a prescriptive easement to prevent the owner of a servient property from using the servient's land? (Nova Scotia, Canada)
What is the test for determining whether a party can proceed with an application? (Nova Scotia, Canada)
What is the test for determining who is the weaker bargaining portion in a motor vehicle accident claim? (Nova Scotia, Canada)
What is the test for determining the appropriate standard of living for a child under the Family Law Act? (Nova Scotia, Canada)
What is the test for determining whether a specific provision in provincial law should be applied? (Nova Scotia, Canada)
What is the second step in determining a duty of care on public authorities? (Nova Scotia, Canada)
What is the test for determining the content of the role of a statutory review officer? (Nova Scotia, Canada)
What factors will be considered in determining whether or not to disbursement of an expert’s report? (Nova Scotia, Canada)
How is relevance and materiality determined in a class proceeding? (Nova Scotia, Canada)
