Is s. 35(2) of the Code governing cancellation or modification of easements enforceable?
British Columbia, Canada
The following excerpt is from Watley v. Livingstone, 2015 BCSC 1940 (CanLII):
That s. 35(2) is a complete code governing cancellation or modification of easements was established in Vandenberg v. Olson, 2010 BCCA 204. That case also determined that ss. (a) to (e) are to be read disjunctively, and that if any one of them is satisfied, the court may act.
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