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The answer to that question, unfortunately, is a giant, “It Depends.”
The most common way a Right of Way easement is created are 1) grant 2) necessity or 3) prescription.
The first thing to determine is whether the property you are traveling over has been migrated to the new land registration system yet or not.
Read MoreIn Nova Scotia, once a property has been migrated to the Land Registration System, the rules under the Land Registration Act take over.
Easements by Grant
In theory, all granted easements should have been recorded on both parcels at the time of migration, however, from time to time, things are missed. It is also the case that when the land registration system came into place it was not a requirement for the ‘flip-side’ burden to be recorded, so sometimes those are missing. If you find yourself in that circumstance, all that is required is for the Land Registration Office to be notified of the error (by way of a prescribed form submitted by a lawyer certified to make changes to the land registration system).
Read MoreA deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land.
Read MoreT 902.826.3070
F 902.826.1694
E info@highlanderlaw.ca
5288 St. Margaret's Bay Rd.
Suite #201, Upper Tantallon, NS (just outside of Halifax, Nova Scotia)
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