What is the test for establishing a right of way in perpetuity?

British Columbia, Canada


The following excerpt is from McLaren v. Little, 2006 BCSC 1746 (CanLII):

A similar phenomenon was presented in Fisher v. Bosse.[5] The wording in that case was this: ... a free and uninterrupted right of way in perpetuity for the purpose of ingress and egress, for persons, animals and vehicles, through, along and over the lands ...

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