Unregistered Right of Way Binding on Successor with Actual Knowledge
Synthèse Legislator
Généré par l'IAA property owner sued a neighboring landowner, asserting that a right of way, established by a prior agreement but never formally registered, was nevertheless binding on the current owner of the servient estate because the latter had actual knowledge of the right when acquiring the property. The court rejected the appeal, reasoning that while an unregistered right of way can bind a successor in title if the successor had actual knowledge of its existence at the time of purchase, the trial court's finding that the successor lacked such knowledge was an assessment of the facts that could not be overturned on appeal.
Regeste Legislator
Généré par l'IAUnregistered Right of Way Binding on Successor with Actual Knowledge: The court rejected the appeal, reasoning that while an unregistered right of way can bind a successor in title if the successor had actual knowledge of its existence at the time of purchase, the trial court's finding that the successor lacked such knowledge was an assessment of the facts that could not be overturned on appeal.