A rural owner's land is still in the Registry system. A neighbour has driven across it on a farm lane, openly and without permission, to reach his fields. Under s. 31 of the Real Property Limitations Act, what minimum period of uninterrupted use can support his claim to a right-of-way by prescription?
Correct Answer
B) 20 years
Section 31 of the Real Property Limitations Act provides that a claim to a way or other easement actually enjoyed without interruption for the full period of 20 years cannot be defeated only by showing that the use began earlier. Twenty years of uninterrupted use as of right is therefore the minimum period to support the claim on Registry land.
Why This Is the Correct Answer
Section 31 uses a full period of 20 years of uninterrupted enjoyment for a prescriptive claim to a way or easement.
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A rural home is heated with fuel oil stored in an underground tank. Under s. 7(4) of O. Reg. 213/01 (Fuel Oil) made under the Technical Standards and Safety Act, 2000, when may fuel oil be supplied to that tank?
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A rural parcel has been registered in the Land Titles system for 40 years. A neighbour began driving across it 25 years ago and now claims a prescriptive right-of-way. Under s. 51 of the Land Titles Act, what is the result?