Is a winery permitted to operate under an easement?

British Columbia, Canada


The following excerpt is from Houghton v. O’Rourke Family Vineyards Ltd., 2016 BCSC 1617 (CanLII):

I disagree with the plaintiffs. While it is true that a winery is not expressly referred to in the easement, neither is an orchard. All that is referred to is the "carriage and delivery of water". There is no evidence of intention at the time of creation, and in my view it is very similar to the case of Kain v. Norfolk, [1949] 1 All E.R. 176, where the court found that there had been a significant change which did not constitute excessive use. That case involved a grant: … with or without horses carts and agricultural machines and implements to go pass and repass and over and along the strip of land ...

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