The Doctrine of Lost Modern Grant and Prescriptive Easements in Newfoundland

This article examines the history and development of prescriptive easements in Newfoundland and Labrador and the legal standards required to find such an easement to exist. The article concludes that the appropriate inquiry is not merely an examination of the length of use, but also the nature and e...

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Bibliographic Details
Main Author: French, Greg
Format: Text
Language:unknown
Published: Schulich Law Scholars 2016
Subjects:
legal history
prescriptive easements
Newfoundland and Labrador
inquiry
length
nature
extent
timelines
Property Law and Real Estate
Newfoundland
Online Access:https://digitalcommons.schulichlaw.dal.ca/dlj/vol39/iss2/12
https://digitalcommons.schulichlaw.dal.ca/cgi/viewcontent.cgi?article=2083&context=dlj
Description
Summary:This article examines the history and development of prescriptive easements in Newfoundland and Labrador and the legal standards required to find such an easement to exist. The article concludes that the appropriate inquiry is not merely an examination of the length of use, but also the nature and extent of use, and that rigid application of timelines should not apply.

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