A parcel of land is registered under the Land Titles Act in Ontario. A neighbour has been openly and continuously using a portion of this land as a driveway for 15 years, despite the registered owner having no knowledge of this use. What is the likely outcome regarding the neighbour's claim to an easement by prescription over the registered land?

Question: A parcel of land is registered under the Land Titles Act in Ontario. A neighbour has been openly and continuously using a portion of this land as a driveway for 15 years, despite the registered owner having no knowledge of this use. What is the likely outcome regarding the neighbour's claim to an easement by prescription over the registered land?

Answer options:

• The neighbour will likely succeed in claiming an easement by prescription, as the use has been open, continuous, and for more than 10 years. ✅ The Land Titles Act largely abolished the acquisition of prescriptive rights against registered land, therefore the neighbour's claim will likely fail.
• The neighbour's claim for an easement by prescription will be subject to the registered owner's prior knowledge and consent of the use.
• The neighbour must demonstrate that they have also maintained the portion of land used as a driveway to establish an prescriptive easement.

Correct answer: The Land Titles Act largely abolished the acquisition of prescriptive rights against registered land, therefore the neighbour's claim will likely fail.

Explanation: The Land Titles Act, which governs registered land in Ontario, largely eliminated the ability to acquire prescriptive rights (like easements) against registered property. Section 51 of the Land Titles Act explicitly states that no right to an easement by prescription can be acquired against land registered under this Act.