What is the test for establishing an implied easement?
British Columbia, Canada
The following excerpt is from Roop v. Hofmeyr, 2016 BCCA 310 (CanLII):
For the reasons that I shall explain below, I would dismiss the appeal. In my view the evidence did not meet the requirements of the rule in Wheeldon v. Burrows for establishing an implied easement. Even had such an easement been established at the time of derogation of the original grant, it would in my opinion have been pre-empted by the operation of the Land Title Act and would not have survived the subsequent sale to a bona fide purchaser of the servient tenement.
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