The applicant property owners brought an application seeking a declaration that a 1911 right-of-way over the respondents' land permitted them vehicular access to the rear of their property.
The respondents had barricaded the access point, arguing the right-of-way was strictly for accessing the abutting railway lands.
The court found that the reference to the railway lands in the deeds was merely a boundary descriptor, not a limitation on the easement's purpose.
Furthermore, the court held that the applicants' use of the right-of-way to access their property was a reasonably necessary ancillary right to the easement.
A declaration was issued permitting the applicants' vehicular ingress and egress.