NSEB dismissed Jennifer Eaton's land access complaint against Nova Scotia Power, finding it lacks jurisdiction to adjudicate prescriptive easement claims under the Land Registration Act.

M12298 · NSPI Complaint - Land Access - EATON

AI summary

Ms. Eaton complained (May 27, 2025) that Nova Scotia Power Inc accessed her property in April 2025 without permission or a recorded easement to restore electrical service to an adjacent property (the Walker Property), including cutting trees on her land.
NS Power argued the work was conducted within the bounds of a prescriptive easement, citing 35 years of continuous infrastructure presence — exceeding the 20-year threshold required to establish prescriptive rights — and characterized the vegetation clearing as "minimal branch trimming."
The Board found that determining whether a prescriptive easement exists under ss. 73(1)(d) and 74 of the Land Registration Act falls exclusively within the jurisdiction of the Supreme Court of Nova Scotia, citing Grant v. Halifax Water Commission, 2021 NSCA 22 as precedent.
The Board clarified that while it shares many court-like powers under the Energy And Regulatory Boards Act, it cannot issue injunctions, award general damages, or adjudicate Land Registration Act easement disputes, and directed Ms. Eaton to seek independent legal advice.

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What was filed

Documents filed on this day

99469 Board Decision Letter - redacted key_documents
99469 Board Decision Letter - redacted other_documents