SUPREME COURT OF Nova Scotia
Citation: Armour Developments Ltd. v. Manga Hotels (Halifax) Inc., 2016 NSSC 274
Date: 20161026
Docket: Hfx No. 430020
Registry: Halifax
Between:
Armour Developments Limited,
a body corporate
Applicant
v.
Manga Hotels (Halifax) Inc.,
a body corporate
Respondent
LIBRARY HEADING
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Judge: |
The Honourable Justice Mona M. Lynch |
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Heard: |
July 5, 2016, in Halifax, Nova Scotia |
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Counsel: |
John Shanks, for the Applicant Barry Mason, for the Defendant |
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Subject: |
Prescriptive easements |
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Summary: |
The plaintiffs and defendants own adjacent properties. The plaintiff claimed a prescriptive right-of-way from a fire exit in their building over the vacant lot at the rear of the defendant’s hotel property. The easement was set out in a lease and warranty deed, but the original grant could not be found. The plaintiffs posted a notice on the door indicating that it was a fire exit to be free from obstruction. Requests by the plaintiff to the owners of the defendant property to remove obstructions resulted in their removal. |
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Issues: |
Has the plaintiff established that it has a prescriptive easement under the former Limitations of Actions Act or by the common law doctrine of lost modern grant? |
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Result: |
Application granted. Plaintiff established continuous, uninterrupted, open and peaceful usage exceeding 20 years. No abandonment found. Use was “as of right”, the defendant acquiesced in the use and there was no express or implied permission. |
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