What is the scope of a prospective easement?

British Columbia, Canada


The following excerpt is from Vineberg v. Rerick, 1995 CanLII 3363 (BC SC):

26 Finally, with regard to the size of a prospective easement, I have considered the amount of the property that is necessary for each party to enjoy his or her property to the fullest. With the present boundary line, the petitioner is denied access to the rear of his property on the north side. As Errico, L.J.S.C. found in the case of Wells v. Little, [1987] B.C.J. No. 531 (B.C.S.C.), I also consider adequate access to one's own property be an important consideration in determining the balance of convenience. The petitioner has also been denied an element of privacy and security with the existing boundary line, reasons for which he bought this property. On the other side of the fence, however, I recognize that the respondents intend to construct an addition to their home, which can only be accomplished on the south side of their property; they are afraid that any easement in this direction will hinder their flexibility in this regard. For both parties, there are also financial considerations which should be taken into account. Although I have not been given any specific figures, the market value of the parties' property--particularly the petitioners--could potentially decrease depending on the scope of this easement.

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