What is a grantee's right to use the land under section 218(3)(b) of the B.S.A.L.O.A/S.B.A Land Agreement?
British Columbia, Canada
The following excerpt is from Owners, Strata Plan VIS4534 v. Misty Ridge Community Water Company Ltd., 2014 BCSC 1586 (CanLII):
As s. 218(3)(b) indicates, a grantee’s right to use the land are as set out in the terms of the instrument. This accords with Granfield v. Cowichan Valley Regional District, 1996 CanLII 356 (BC CA), 16 B.C.L.R. (3d) 382 (C.A.), where the court said: The grantee of an easement has the right granted to him and no more. Thus, if on the servient tenement he does an act beyond his grant, he becomes, to the extent of that act, commonly called “excessive user”, a trespasser.
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