What is the nature of enjoyment required to establish an easement under the doctrine of lost modern grant?
Ontario, Canada
The following excerpt is from MacRae v. Levy, 2005 CanLII 2316 (ON SC):
The nature of the enjoyment necessary to establish an easement under the doctrine of lost modern grant is exactly the same as that required to establish an easement by prescription under the Limitations Act. (See Henderson v. Volk, supra). In this case, the MacRaes must demonstrate that they parked cars on the right-of-way under claim of right, which was continuous, uninterrupted, open and peaceful for a period of twenty years, but not necessarily the twenty years immediately preceding the commencement of this action.
"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
When will the court grant relief under the Fletcher doctrine under the Rylands v. Fletcher doctrine? (Ontario, Canada)
Is an easement necessary for the reasonable enjoyment of land granted by an owner of land and retains other parts himself? (Ontario, Canada)
What is required to establish a fiduciary relationship outside of the established categories? (Ontario, Canada)
What is the test for a claim for an easement based on prescription under limitation statute or under the doctrine of lost grant? (Ontario, Canada)
In what circumstances will a court grant an easement to a property where the easement is not in place? (Ontario, Canada)
In what circumstances will the respondent in an extradition hearing be required to summarize the evidence before granting him an evidentiary hearing? (Ontario, Canada)
What is the test for granting an easement to a residential tenement? (Ontario, Canada)
What are the requirements of the in terrorem doctrine? (Ontario, Canada)
What is the standard of proof required by a plaintiff to establish causation in a medical malpractice action? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
