How have the Steepers obtained the right to park their parking on the right of a right of way on a neighbour's property?

Ontario, Canada

The following excerpt is from Arcon Property Holdings Ltd. v. Nelson, 2019 ONSC 2267 (CanLII):

The Steepers assert that there has been acquiescence to their practice of parking on the ROW. They rely upon Tasker v. Badgerow (2007), 60 R.P.R. (4th) 79 where the court addressed whether the respondents had acquired the right to maintain a well, and a shed over that well, on property owned by their neighbour but which was subject to a ROW in their favour. This well was built on that ROW in 1946 and had always been sheltered by a shed or cover.

Other Questions

Does a right-of-way between a neighbour and a neighbour need to be 2 feet wide? (Ontario, Canada)
Can a dock and wharf installed on a neighbouring property prevent a property owner from accessing access to the lake? (Ontario, Canada)
What is the test for a party to obtain a right to inspect a property? (Ontario, Canada)
Is a joint owner of a property a prima facie right to have the property sold? (Ontario, Canada)
Does a tenant of a property have a right to convey the property? (Ontario, Canada)
Is it unconscionable for a property owner to withdraw permission from his neighbour’s use of his property? (Ontario, Canada)
Is there a right of way for parking on a private property under an express easement? (Ontario, Canada)
Is a transfer of property to a new partner set aside if the new partner agrees to a transaction which has the effect of avoiding a former spouse's support and property obligations? (Ontario, Canada)
What is the test for a court to determine whether a party to a claim against a property is entitled to sue the property owner? (Ontario, Canada)
What is an employer's obligation under section 5 of the Human Rights Code to ensure that an employee's right to equal treatment in employment without discrimination or harassment is not infringed? (Ontario, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.