(Ontario Court of Appeal) Mulock CJ Ex said: ‘The law is well established that a right of way appurtenant to a particular close must not be used colourably for the real purpose of reaching a different adjoining close. This does not mean that where the way has been used in accordance with the term of the grant for the benefit of the land to which it is appurtenant, the party having thus used it must retrace his steps. Having lawfully reached the dominant tenement, he may proceed therefrom to adjoining premises to which the way is not appurtenant; but if his object is merely to pass over the dominant tenement in order to reach other premises that would be an unlawful user of the way’.
Judges:
Mulock CJ Ex
Citations:
(1918) 43 DLR 649
Jurisdiction:
Canada
Citing:
Cited – Harris v Flower CA 1904
The servient land-owner alleged an excessive user by which it was attempted to impose an additional burden on the servient tenement in the use of a right of way for obtaining access to a factory erected partly on the land to which the right of way . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 15 May 2022; Ref: scu.523882