Blog
Blog
Neighbour dispute over driveway and location of well ends up in court (Bender v. Dulovic)
Thursday, July 13, 2023James R.G. CookLitigationReal Estate, Easement, Right-of-way Access, Ontario Boundaries Act
Disputes between neighbours over property boundaries and rights-of-way are often messy and fraught with charged emotions as each party asserts their...
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Prescriptive hydro road easement affirmed by Court of Appeal
Thursday, May 25, 2023James R.G. CookLitigationEasement, Ontario Court of Appeal
There is a high threshold for establishing a prescriptive easement because courts are generally hesitant to “permit a landowner's neighbourly accommodation ...
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Hydro One loses prescriptive easement claim over private access road
Tuesday, April 5, 2022James R.G. CookLitigationLand Title Act, Easement
Easements that are intended to provide utility companies with access to maintain and service the utilities they provide are common features of ...
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A short walk to the beach – What is reasonably necessary for a prescriptive easement?
Thursday, April 1, 2021James R.G. CookLitigationEasement, Cottage Country, Lakefront
One of the requirements to establish a prescriptive easement is that it is “reasonably necessary” for the better enjoyment of the owner of the land who claims the prescriptive ...
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Home Owners Ordered to Remove Pool built over Municipal Easement
Friday, January 15, 2021James R.G. CookLitigation, Real EstateMunicipal Act, Easement
Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...
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Abandoned Use of Easement Leads to Loss of Backyard Parking Pad
Monday, November 30, 2020James R.G. CookLitigationToronto, Easement, Land Title Act, Conveyancing Law and Property Act, Real Estate
In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to...
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