In what circumstances will a court grant a right-of-way?
Nova Scotia, Canada
The following excerpt is from Knock v. Fouillard, 2004 NSCA 70 (CanLII):
In Laurie v. Bowen, supra, Justice Kellock acknowledged that, although the scope of the right-of-way is primarily a question of interpretation, the interpretation of the words may in certain cases be assisted by implication from surrounding circumstances. There is an arguable issue raised by the respondents that evidence related to the surrounding circumstances, if admissible as parol evidence, may affect the interpretation of the words which grant the right-of-way. This is a matter for trial. The chambers justice did not err by dismissing the application for summary judgment.
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