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INTERESTS IN LAND - Easements - Particular easements - Positive easements - Rights of way - Scope of easements - Manner of past use

Friday, March 17, 2017 @ 8:48 AM  

Appeal by Wolff from a declaration that the equitable easement he had to access his property did not include the right to install a power line to his property. Wolff’s property, surrounded by the Pacific Rim National Park, was not immediately adjacent to a paved road. The only access to the property was by way of a narrow gravel path along the east boundary, running across 100 metres of the Park. Wolff acquired the property in 2006 from an owner who had a conditional authorization from...