The applicants, owners of a servient tenement, brought an application to discharge two right-of-way easements encumbering their property and benefiting the respondents' neighbouring property.
The applicants also sought $500,000 in damages for trespass.
The court found that the respondents had intentionally abandoned the easements decades prior by ceasing to use them for vehicular access and building a parking pad on their own property.
The court ordered the easements discharged under section 61 of the Conveyancing and Law of Property Act.
The trespass claim was dismissed because the applicants did not have possession of the property at the time of the alleged trespass.
No costs were awarded.
