What is the test for interpreting an easement?
British Columbia, Canada
The following excerpt is from Smith v Balen, 2018 BCSC 918 (CanLII):
When interpreting an easement, the court must have regard to the plain and ordinary meaning of the words in the grant to determine what the intention of the parties was at the time the agreement was entered into. Surrounding circumstances, that is, objective evidence of background facts at the time of the execution of the contract, are to be considered in interpreting the terms of the contract: Robb v. Walker at para. 31.
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