Can an easement be established as a right to park vehicles on a strip of land?

British Columbia, Canada


The following excerpt is from Moyer v. Mortensen, 2008 BCSC 485 (CanLII):

In Copeland v. Greenhalf. [1952] 1 Ch. 488, the defendant claimed an easement to park vehicles on a strip of land along an access road as he had been doing for 50 years. On p. 498, Upjohn J. assesses the circumstances as follows: Practically, the defendant is claiming the whole beneficial use of the strip of land on the southeast side of the track there; he can leave as many or as few lorries there as he likes for as long as he likes; he may enter on it by himself, his servants and agents to do repair work thereon. In my judgment, that is not a claim which can be established as an easement. It is virtually a claim to possession of the servient tenement, if necessary to the exclusion of the owner; or at any rate, to a joint user, and no authority has been cited to me which would justify the conclusion that a right of this wide and undefined nature can be the proper subject matter of an easement.

Other Questions


Does a right-of-way easement over a strip of land give a dominant tenement the right to deposit vehicles on the land? (British Columbia, Canada)
What are the respective rights of the parties when an easement holder asserts a right to fence lands owned by a servient property? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for rectifying a registered easement where the actual alignment of the right of way does not conform to the right-way? (British Columbia, Canada)
Does a registered easement need to be rectified where the actual alignment of the right-way does not conform to the right of way? (British Columbia, Canada)
What are the limitations of medical records used to establish that a right leg injury was limited to his leg, and not affecting his right hip until October 2016? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Is an implied easement an implied right over a parcel of land? (British Columbia, Canada)
Is a servient tenement owner entitled to an easement where the servient tenant has a right to use the easement? (British Columbia, Canada)
Can a motor vehicle prohibition be confirmed on the basis that the petitioner did not intend to put his vehicle in motion when he got in the vehicle? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.