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WETLAND INFILL

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British Common Law has addressed the issue of public rights-of-way, or easements, over private lands for centuries. The paper "Easements, Licenses and Rights Of Way", dated April 1987, was provided by a member of the Nova Scotia Barristers Society. The paper explains that:
  • An easement is not only a right in contract but also an interest in real property
  • An easement can be created by prescription, that is, by continuous use over a long period of time
  • The "presumption of modern grant": if the use continues over a long period of time (normally 20 years) then the court presumes that a grant of easement had been made

    This is the law of Nova Scotia:
    NS Statute of Limitations Act

    32 No claim which may be lawfully made at the common law by custom, prescription, or grant, to any way or other easement, or to any watercourse, or the use of any water to be enjoyed or derived upon, over or from any land or water of our Lady the Queen, her heirs or successors, or being the property of any ecclesiastical or lay person, or body corporate, when such way or other matter as herein last before mentioned has been actually enjoyed by any person claiming right thereto without interruption for the full period of twenty years, shall be defeated or destroyed by showing only that such way or other matter was first enjoyed at any time prior to such period of twenty years but, nevertheless, such claim may be defeated in any other way by which the same is now liable to be defeated and where such way or other matter as herein last before mentioned has been so enjoyed as aforesaid for the full period of twenty-five years, the right thereto shall be deemed absolute and indefeasible, unless it appears that the same was enjoyed by some consent or agreement expressly given, or made for that purpose by deed or writing

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