Supreme Court

Judge:

The Honourable Justice John D. Murphy

Heard:

January 29, 2018, in Pictou, Nova Scotia

Subject:

Real property; easements; rights of way; land registration

Summary:

Two burdens on the respondent’s property – a right of way and a view-plane easement – originated in a 2000 deed between the applicant and the respondent’s predecessors in title.  The right of way was altered by agreement in 2002, around the time the respondent took title.  There was a further modification by agreement in 2004.  In a 2014 decision, the court confirmed the existence of the right of way and the view-plane easement over the respondent’s property.  The respondent subsequently delivered a notice requiring cancellation of the recording of the 2002 agreement under the Land Registration Act.  In response, the applicant applied for an order to substantiate the recording of the 2002 agreement.

Issues:

Should the recording of the 2002 agreement be substantiated?

Result:

The relevant property interests had been resolved by the 2014 decision, and were not in dispute.  The interest was exempt from cancellation by virtue of s. 63(3)(b) of the Land Registration Act, as an interest to which the registered owner had consented.