The plaintiffs sought a prescriptive easement over a lane on the defendant's adjacent farm property to access their landlocked parcel, as well as damages for trespass after the defendant removed a boundary fence and trees.
The court found that the plaintiffs and their predecessors had used the lane continuously from 1965 to 2002 with the acquiescence of the previous owners, establishing an easement under the doctrine of lost modern grant.
Relying on expert surveyor evidence, the court determined the boundary line was the centre of the historic snake rail fence.
The court held the defendant trespassed by removing the fence and trees, awarding the plaintiffs $35,000 in damages.
