Can a court rectify a registered easement?
British Columbia, Canada
The following excerpt is from Entwistle v The Owners, Strata Plan EPS 3242, 2019 BCSC 1311 (CanLII):
In Arbutus Bay, the court rectified an easement registered against the plaintiff’s property. In Banville v. White, 2002 BCCA 239, the court expressly found that it had the jurisdiction to order rectification of a registered easement although the majority was of the view that the matter should be remitted to the trial court to determine whether the evidence supported such a remedy.
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