What is the test for enforceable easements of right of way?

Ontario, Canada

The following excerpt is from Gawalko v. Sullivan, 1990 CanLII 8073 (ON CA):

We think the agreement was enforceable. We think the case is almost on all fours with the judgment of Saunders J. in Guy v. Sant, an unreported judgment delivered on June 20, 1980 [reported 17 R.P.R. 161], and affirmed by this court in a judgment dated November 18, 1981. In that case, a purchaser of a farm challenged the use of access roads by owners of neighbouring lots which crossed his land, on the ground that he had acquired the lands free of registered easements of right of way. Like this case, the previous owners had agreed to let the neighbours traverse the land to get to their own lots. Indeed, like this case, the parties had contributed to building the access road across the land. And like this case, there was no agreement registered, and the lands were in Land Titles.

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