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?
Correct Answer
B) He has no easement by prescription on Land Titles land
Section 51(1) of the Land Titles Act provides that, despite the Real Property Limitations Act, no right or interest in land registered under the Act that is adverse to the registered owner can be acquired by any length of possession or by prescription. All 25 years of his use occurred after the land entered Land Titles, so no prescriptive easement arose.
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Previous Question
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?
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