Neighbouring landowners claimed a right to cross the defendants’ property based on an informal arrangement with the defendants’ predecessor in title and a registered notice of an unregistered right-of-way.
The defendants brought a motion for summary judgment to expunge the notice and dismiss the action.
The court held the arrangement created only a revocable licence rather than an easement, noting the parties had deliberately avoided creating a formal easement and the alleged agreement was vague, unwritten, and unenforceable under the Statute of Frauds.
The court further held that the arrangement would also be void under s. 50 of the Planning Act and declined to impose an equitable easement.
Summary judgment was granted, the notice was expunged from title, and the action was dismissed.
