What is the test for granting an easement to a servient tenement?
British Columbia, Canada
The following excerpt is from Romspen Investment Corporation v. Chemainus Quay and Marina Complex Ltd., 2011 BCSC 768 (CanLII):
Romspen relies on Prinsen v. Wickland, 2003 BCSC 1795. In that case, an easement had been granted over approximately 30% of the servient tenement with respect to various rights, including access and egress, transmitting certain utilities, installing water facilities, and landscaping and gardening. The rights relating to access, utilities and satellite receivers were upheld since these were to be enjoyed “in common with” the grantor.
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