In what circumstances have courts found that maintaining a dock and parking are separate rights to an easement granted to access an island?
Ontario, Canada
The following excerpt is from Lafferty v. Brindley, 2001 CanLII 2578 (ON SC):
In MacKenzie v. Matthews (1998), 21 R.P.R. (3d) 307, Ferguson J. found that parking cars and maintaining a dock were ancillary rights to an easement granted to access an island. With respect to parking he stated: I conclude that the grant included the right to park vehicles on the right of way when the users have brought those vehicles onto the right of way for the purpose of gaining access to the islands.
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