What is the legal test for privacy under an easement?
British Columbia, Canada
The following excerpt is from Grenier v. Elliott, 2007 BCSC 598 (CanLII):
Privacy is not assured under the easement. Some easements are to protect privacy or to provide some aesthetic benefit. Here the purpose of the easement is to provide ingress and egress. Privacy is not an overriding consideration. The original purpose of providing ingress and egress will not be defeated by modifying the easement: Knight v. Stapleton, at 398.
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