The applicants and respondents are neighbours who share a driveway.
The respondents built a fence down the middle of the driveway on their property line, preventing the applicants from accessing their rear parking spaces.
The applicants brought an application claiming a prescriptive easement over the respondents' portion of the driveway based on the doctrine of lost modern grant.
The court found that the applicants established 20 years of continuous, uninterrupted, open, and peaceful use of the driveway prior to the properties being registered in the land titles system.
The application was granted, and the respondents were ordered to remove the fence.
