The applicant sought a declaration of a prescriptive easement over the respondent's property for access to a rear parking lot, which was necessary for the rezoning of her mixed-use building to fully residential.
The respondent denied the existence of the driveway and the easement.
The court found that the applicant successfully established the requirements for a prescriptive easement under section 31 of the Real Property Limitations Act, including continuous, open, peaceful, and non-permissive use for the requisite twenty-year period prior to the property's conversion to Land Titles in 1999.
The court explicitly disbelieved the respondent's evidence regarding the driveway's existence.
The application was granted, and the Land Registrar was directed to amend property records to reflect the easement.
