Does a party have an exclusive right to the use of the right-of-way of a residential laneway?
British Columbia, Canada
The following excerpt is from Beyer v. Clarke, 2010 BCSC 1190 (CanLII):
In Moyer v. Mortensen, the defendants, by ditching the laneway at the point where the plaintiff's path crossed between the two properties that they owned, and by driving fence posts along the easement boundary, asserted an exclusive right to the use of the right-of-way, which they did not enjoy and which substantially interfered with the plaintiffs' rights as owners of the servient tenement.
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