What is the test for determining if an easement is obsolete?
British Columbia, Canada
The following excerpt is from TDL Group Ltd. v. Harvey, 2001 BCSC 468 (CanLII):
It also adopted the test for determining if an easement is obsolete, as outlined by Lambert J.A. in Chivas v. Mysek [1986] B.C.J. No. 2547 (Q.L.)(C.A.) by Lambert J.A.: … the test of whether the easement or restrictive covenant or other charge is obsolete is not a test to be satisfied on the basis of balancing the rights of the parties, but rather by a consideration of the nature of the charge itself in the circumstances of the use of the relevant property and a determination of whether on those facts the charge or interest is obsolete.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether an easement is obsolete for purposes of section 2547 of the Condominium Act? (British Columbia, Canada)
What is the test for determining whether a restrictive covenant or easement is obsolete? (British Columbia, Canada)
Is an easement that is no longer obsolete simply because other access to the easement has become available available? (British Columbia, Canada)
How is a determination under s. 27(1)(b) determined? (British Columbia, Canada)
What is relevant but not determinative in determining the materiality of a procedure? (British Columbia, Canada)
In determining whether to grant a Rule 18A trial on part of a trust application, what is the risk that the findings of the application may be carried over to the subsequent determination of other issues? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
What are the issues to be determined on an application for summary determination under Rule 18A? (British Columbia, Canada)
How is the length of delay determined in determining a claim? (British Columbia, Canada)
What is the test for determining whether a hypothetical or speculative opportunity can be used to determine damages for future loss of earnings as a result of a motor vehicle accident? (British Columbia, Canada)
