The Act distinguishes between claim to profit or benefit and claim to generate easement. No claim to any profit or benefit to be taken or enjoyed from or on any land of the Crown or of a private person shall, if the profit or benefit has been actually taken or enjoyed by any person claiming right to it without interruption for the full period of 30 years, be defeated or destroyed by showing only that the profit or benefit did not exist from time immemorial but was first taken or enjoyed at a time before the period of 30 years; nevertheless the claim may be defeated in any other way by which it is now liable to be defeated. If the profit or benefit has been so taken and enjoyed for the full period of 60 years, the right to it shall be deemed absolute and indefeasible, unless it appears that it was taken and enjoyed by some consent or agreement expressly made or given for that purpose by deed or writing. No claim, which may be lawfully made at 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 on, over, or from any land or water of the Crown or being the property of any person shall, if the way or other matter has been actually enjoyed without interruption for the full period of 20 years, by the person claiming right to it, be defeated or destroyed by showing only that the way or other matter was first enjoyed at a time before the period of 20 years; nevertheless, the claim may be defeated in any other way by which it is now liable to be defeated. If the way or other matter has been so enjoyed for the full period of 40 years, the right to it shall be deemed absolute and indefeasible, unless it appears that it was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Канада · 2011-05-13