What are the implications of a grant of easement to a tenement in a residential tenement dispute?
British Columbia, Canada
The following excerpt is from Beyer v. Clarke, 2010 BCSC 1190 (CanLII):
As Mr. Justice Parrett stated in Moyer v. Mortensen, at para. 28: There are, after the grant of easement, two sets of rights that co-exist over the easement property: those limited rights afforded to the dominant tenement, and the remaining rights of the property owner who can assert his remaining rights over that easement to the extent to which they do not derogate from or interfere with the rights granted under the easement.
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