What is the test for obtaining a perpetual licence for access to a party's property?
British Columbia, Canada
The following excerpt is from Vancouver City Savings Credit Union v. Serving for Success Consulting Ltd., 2011 BCSC 124 (CanLII):
The case of Pilcher v. Shoemaker, [1997] B.C.J. No. 2038 was a case where parties had a longstanding written but unregistered agreement in the nature of a perpetual licence for road access to the plaintiffs’ property. The defendants acquired the property with full knowledge of the agreement and also knew the plaintiffs had spent money on the road for maintenance and improvement.
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