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Residential TradingRural PropertiesONEASY

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.

Answer Options
A
10 years
B
20 years
C
40 years
D
5 years

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Key Terms

prescriptive easementright-of-wayReal Property Limitations ActRegistry system20 years
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