Is an easement, or is it proprietary estoppel when a party spends money to build a new road on part of a Defendant's property?
British Columbia, Canada
The following excerpt is from Phillips v. 572054 B.C. Ltd., 2007 BCSC 951 (CanLII):
In Erickson v. Jones (2004), 27 B.C.L.R. (4th) 85, 2004 BCSC 169, the plaintiffs had spent money to build a new road in part on the defendant's property which the defendant subsequently blockaded. The plaintiffs were without access to their properties without use of the new road. An easement was found to have been created under the doctrine of proprietary estoppel.
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