Does the dominant tenement have an equal right to the water supply of the servient tenement from time to time?
British Columbia, Canada
The following excerpt is from Cross v. Malekow, 1996 CanLII 907 (BC SC):
17 In my view, it cannot now be said that it was not intended by the petitioner that she was granting equal right to the owners from time to time of the dominant tenement and the servient tenement to use the well and the water produced therefrom. That right was granted in perpetuity at the time when the petitioner was the sole owner of both Lot 1 and Lot 2 and before the respondents acquired any interest in Lot 1. See Patterson v. Bagnall [1948] 1 D.L.R. 702 P.E.I.S.C.
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