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The obligation to construct and repair a right of way falls on the owner of the dominant tenement who receives the benefit of the right of way. 2. A right of way includes such ancillary rights as are necessary to enjoy the right of way.
A right of way is adequate for access and road construction on Crown land, an easement is required if utility services are to be installed in addition to the roadway. Anyone requiring an easement or Right of Way must submit an application form.
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
The most common Deeded Right of Way Easement in Nova Scotia is the right for the owners of one parcel of land to travel over someone else's parcel of land ? typically either a shared driveway or over a road that leads to a waterfront or other landlocked parcel of land.