Property Owner v. Right of Way Establishment by Prescription

A property owner appealed a lower court's decision that upheld the validity of a right of way established through prescription, arguing that the necessary continuous and public use had not been proven for the required prescriptive period. The high court quashed the decision, reasoning that establishing a right of way through prescription requires proof of use that is both continuous and public, and the lower court failed to sufficiently detail the factual basis demonstrating the uninterrupted, open exercise of the right over the prescribed duration, thus rendering its conclusion insufficiently reasoned.