What are the reasonable expectations of the holder of an easement over what may be regarded as a public road?
British Columbia, Canada
The following excerpt is from Wolff v. Canada (Attorney General), 2017 BCCA 30 (CanLII):
My second comment is that the reasonable expectations of the holder of an easement over what may be regarded as a public road does not necessarily include the expectation that services will be installed within the easement. A case touching on this point in the context of determining the intentions of the parties to an express easement is Robb v. Walker, 2014 BCSC 408, aff’d 2015 BCCA 117. In that case, an express easement was granted over what was considered to be a public road. The easement was expressed to permit the grantee to “use, enter, pass and repass over and upon” the easement area. It was held that the easement did not include the right to install a sewer line within the easement area.
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