Prescriptive easement

Carlini v. Hammoud, 2011 ONCA 285, released online today, deals with prescriptive easements. A prescriptive easement can be created based on the continuous, frequent, uninterrupted, open and peaceful use of land, without express permission of the paper title holder. The Court held: "A right enjoyed by a person over the land of another has the status of an easement if it accommodates and serves the dominant tenement and it is reasonably necessary for the better enjoyment of that tenement: see Depew v. Wilkes (2002), 60 O.R. (3d) 499 (C.A.), at para. 19"