Is a servient tenement owner entitled to an easement where the servient tenant has a right to use the easement?
British Columbia, Canada
The following excerpt is from Robinson v. Pipito, 2013 BCSC 1670 (CanLII):
As Mr. Justice Upjohn said in Copeland v. Greenhalf, these rights to the owner of the easement go wholly outside any normal idea of an easement and amount to a claim for the whole beneficial use of the easement. It is virtually a claim to possession of the easement to the exclusion of the owner of the servient tenement.
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