The applicants, Paul and Roberta Bennett, sought a declaration of a right-of-way over property owned by the respondents, Kimberly Chadwick and Cressview Lakes Corporation, and an order requiring removal of a fence allegedly impeding their access.
The dispute centered on the location of the right-of-way and whether the applicants’ access was impeded.
The court found that the original right-of-way was over Lot 45 (not Lot 46), as established by a 1961 resolution and a 1974 agreement, and that the fence did not impede access.
The application was dismissed.
