A has a right of way over B's private road. B dedicates the road to the public. What happens to A's…
Illustration (g) to section 46 states: "A's right of way is not extinguished." Dedication to the public does not make A the absolute owner of both the dominant and the…
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A has a right of way over B's private road. B dedicates the road to the public. What happens to A's right of way?
Answer and explanation
Correct answer A
Illustration (g) to section 46 states: "A's right of way is not extinguished." Dedication to the public does not make A the absolute owner of both the dominant and the servient heritages, which section 46 requires. A's private easement therefore continues alongside the new public right.