Can an easement be used to fence off a parcel of land owned by Westside Land Corporation?

Alberta, Canada


The following excerpt is from Zanussi v. Roosen, 2011 ABQB 751 (CanLII):

In Westside Land Corporation v. Deszynski 2004 ABQB 82 the respondent purchased a quarter section of land from an estate and in order to gain access to the property, the respondent needed the right of access through the adjacent quarter section, also owned by the estate. In easement was created over 10.55 acres of land for the purpose of allowing the respondent to build an access road, which was subsequently built. The easement allowed the respondent to fence the lands. The applicants purchased the adjoining quarter section of land and wanted to develop the area including the area within the easement.

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