Can an easement be established as a right to park vehicles on a strip of land?
British Columbia, Canada
The following excerpt is from Moyer v. Mortensen, 2008 BCSC 485 (CanLII):
In Copeland v. Greenhalf. [1952] 1 Ch. 488, the defendant claimed an easement to park vehicles on a strip of land along an access road as he had been doing for 50 years. On p. 498, Upjohn J. assesses the circumstances as follows: Practically, the defendant is claiming the whole beneficial use of the strip of land on the southeast side of the track there; he can leave as many or as few lorries there as he likes for as long as he likes; he may enter on it by himself, his servants and agents to do repair work thereon. In my judgment, that is not a claim which can be established as an easement. It is virtually a claim to possession of the servient tenement, if necessary to the exclusion of the owner; or at any rate, to a joint user, and no authority has been cited to me which would justify the conclusion that a right of this wide and undefined nature can be the proper subject matter of an easement.
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