Does a right to build a concrete and blacktop area and use it as a parking space carry with it with respect to a right of parking?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan NW1837 v. Owners, Strata Plan NW2794, 2003 BCSC 1037 (CanLII):
Southin, J.A. on behalf of the court in Brundrett v. Muckle, [1997] B.C.J. (Q.L.) No. 1585 (B.C.C.A.) dealt with the question of whether a right to cross over an easement area carried with it the right to build a concrete and blacktop area and use it for parking. I adopt the conclusion reached by Southin, J.A. as it relates to whether parking is available within an easement area even if there is no specific provision prohibiting parking: I have no difficulty in saying that the grant, in these words, does not carry with it a right of parking. A right to cross over may carry with it the right to tarry for a brief moment or two, but no more. (at para. 12)
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