What is the test for a right of way?
Nova Scotia, Canada
The following excerpt is from Cleary v Laamanen, 2018 NSCA 12 (CanLII):
A determination as to the nature and extent of a right of way, like its scope, begins with the words of the grant. “[T]he court's first task is to determine whether an unambiguous intention is manifested objectively by the words of the deed, not by the parties’ subjective wishes, motives or recollections”: Knock v. Fouillard, 2007 NSCA 27, at para. 220.
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