What are the principles used to interpret a right of way?

New Brunswick, Canada


The following excerpt is from Roussel v. Bélanger, 2004 NBQB 250 (CanLII):

51. In Foster v. McCoy, supra, Garnett J., at paragraph 24, set out the principles used to interpret a right of way by referring to Gale on Easements, Fifteenth Edition: In the case of an express grant the language of the instrument can be referred to. It is for the court to construe that language in the light of the circumstances, and, in the absence of any clear indication of the intention of the parties, the maxim that a grant must be construed most strongly against a grantor must be applied. In particular, in construing a grant the court will consider (1) the locus in quo over which the way is granted; (2) the nature of the terminus ad quem; and (3) the purpose for which the way is to be used.

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