Can a defendant stop a plaintiff from using his land at his pleasure?
Ontario, Canada
The following excerpt is from Toronto (City) v. Jarvis, 1894 CanLII 31 (ON CA):
See the notes to the American edition, p. 855, and Hewlins v. Shippam, 5 B. & C. 221, where it was held that where, for valuable consideration, the defendant had permitted the plaintiff to make, at his own expense, a drain on the defendant’s land, the defendant might, nevertheless, stop it at his pleasure, because the easement of its continual use could only be granted by deed.
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