Question
Green owned a cottage lot which had frontage on a lake. He later granted a 5-metre wide right of way to Brown who owned a
Green owned a cottage lot which had frontage on a lake. He later granted a 5-metre wide right of
way to Brown who owned a lot behind Green's property, to enable Brown to reach the lake to
launch his power boat. The following year, Green changed his mind about allowing Brown the
right to cross the land and so he wrote an email to Brown stating that he was no longer granting
the right to cross the land. Brown refused to accept this and while Green was away continued to
use the path. Green was so upset when returning to the lake, that he set up barriers along the path
so as to prevent Brown from crossing through. Eventually Green filed a claim against Brown for
trespassing and claimed that he no longer had to allow Brown to cross and use the path. Brown
argued that the right of way ran with the land and that he was entitled to the use of the path
because of this.
Will Green win his lawsuit? Is he likely to be successful? Explain why or
why not.
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