Is an easement consistent with a right that significantly detracts from the servient owner's rights?
Alberta, Canada
The following excerpt is from Zanussi v. Roosen, 2011 ABQB 751 (CanLII):
The plaintiffs referred to Vantreight v. Gray [1993] B.C.J. No. 175 where the court stated at paragraph 17 stated: ... even a right that significantly (my emphasis) detracts from the servient owner’s rights may be consistent with the existence of an easement...
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