Is a grant of exclusive or unrestricted use of land beyond all question passes the ownership of that land?
British Columbia, Canada
The following excerpt is from Robinson v. Pipito, 2013 BCSC 1670 (CanLII):
As Mr. Justice Slade quoted in Lund v. Miles Farm Ltd.: [T]o count as an easement, the grant cannot confer a right to possession or control of the servient lands to an extent that is inconsistent with the possessory rights of the servient owner: "[t]here is no easement known to the law which gives exclusive or unrestricted use of a piece of land. A grant of the exclusive or unrestricted use of land beyond all question passes the ownership of that land."
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