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Cottage Owners' dispute. Prescriptive easement denied. Access to Lake.

  • wjplaw
  • Feb 26
  • 1 min read

The court found a cottage owner's request for a Prescriptive easement over neighbouring cottage lands, to facilitate more convenient access to the lake, was not reasonably necessary ,and refused to grant this relief. The appeal court agreed dismissing the appeal. The appellant's property was not landlocked, and while access to the lake in front of his own property is less convenient, "he still had the access needed," and that the appellant can also use a Friendship Trail , another route that would only add a few minutes to reach his destination.

Kubiniec v. Dy 2025 ONCA 113

 
 
 

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