Is there an existing public easement or right-of-way in the quit claim deed?

Nova Scotia, Canada


The following excerpt is from Cron v. Halifax (Regional Municipality), 2010 NSSC 460 (CanLII):

An existing public easement or right-of-way in a quit claim deed, in my view, is not an effectual alternative remedy. Although, it may defeat an argument that a right-of-way of necessity must therefore exist if a property is landlocked - See Finley v. Sutherland (1969) 1969 CanLII 876 (NS CA), 4 D.L.R. (3rd) 586 at para. 37.

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