In what circumstances will a court grant an easement over a small part of a sidewalk?
British Columbia, Canada
The following excerpt is from Banville v. White, 2001 BCSC 628 (CanLII):
In Dattolo v. Merlo [1998] B.C.J. No. 1499, Mr. Justice Shabbits granted an easement over a small part of a two foot wide sidewalk which encroached because the adjoining property owners’ house was closer than the required two feet from the property line. Mr. Justice Shabbits found that the sidewalk was a “building” because it was constructed in conjunction with the house and was necessary to provide access to it.
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