Easement Dispute Over Driveway Access Between Properties Resolved

Overview

Driveway Easement Dispute Successfully Resolved

In a successful case for ME Law, our client sought a declaration for a prescriptive easement to ensure access to a back parking lot. The dispute arose when it was discovered that the driveway used to access the lot crossed a neighboring property, owned by the respondent, without a formal easement in place.

Despite the respondent's attempts to deny the driveway’s existence, ME Law's representation uncovered clear evidence proving the driveway had been in continuous use for over 20 years. The court ultimately ruled in favor of our client, granting the easement and ensuring rightful access to the property.

May (Mayissa) Elajami

Principal lawyer

This victory highlights ME Law's ability to defend clients' property rights effectively, securing favorable outcomes in complex real estate disputes. The case underscores our commitment to protecting our clients' interests and resolving property-related conflicts through strategic legal action.

View case on CanLII

Facts about the Case

Multiple Properties Involved

Two properties in dispute over easement rights.

Significant Evidence Review

Careful examination of conflicting photos and affidavits.

Extended Legal Process

In-depth analysis under the Real Property Limitations Act.

Successful Outcome

Easement granted, ensuring property access and potential rezoning.

How we won this case

Case Fundamentals

Our approach to litigation in this case was built on four core principles: detailed case analysis, strategic planning, clear communication, and strong advocacy to ensure optimal results.

Thorough Case Analysis

Thoroughly analyzed every detail of the case, including all facts, evidence, and legal precedents.

Strategic Planning

Developed a highly comprehensive and tailored approach to achieve the best possible outcome.

Effective Communication

Communicated clearly and concisely with all parties involved, including clients, opposing counsel, and the court.

Strong Advocacy

Vigorously represented the client’s interests throughout the legal process, from pre-trial negotiations to courtroom proceedings.

Summary

In this case, the applicant sought a declaration of an easement to ensure access to the back parking lot of their property, which was crucial for rezoning and converting commercial units into residential spaces. The dispute involved conflicting evidence regarding the existence of a driveway on the respondent's property. After a thorough review, the court granted the easement, ensuring continued access to the applicant’s property, which is essential for its commercial viability and future development. The case highlights the importance of strategic legal analysis in complex property disputes.