What is the test for establishing an implied easement and the terms to attach?
British Columbia, Canada
The following excerpt is from Grieve v. Huntley & Magee, 2006 BCSC 1112 (CanLII):
A party seeking to establish an implied easement and the terms to attach must establish that the purported access or road was apparent and continuous at the time the dominant tenement was purchased; access was necessary for the reasonable enjoyment of the dominant tenement; and, access was used by the defendants before the sale, for the benefit of the land sold: Ellis v. Eddy Holding Ltd. (1996), 7 R.P.R. (3d) 70 (B.C.S.C.) at ¶19. I find those conditions to have been met in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If an agreement on all essential terms has been established, does the court need to imply some terms to give business efficacy to the bargain? (British Columbia, Canada)
What is the test for establishing a class in an implied term? (British Columbia, Canada)
Is an implied easement an implied right over a parcel of land? (British Columbia, Canada)
Is overtime entitlement implied as an implied term on a contract? (British Columbia, Canada)
Can an implied term be implied into an agreement? (British Columbia, Canada)
What is the legal test for establishing an easement by way of implied grant? (British Columbia, Canada)
What is the test for establishing an implied easement? (British Columbia, Canada)
What is implied grant and what is implied easement? (British Columbia, Canada)
Can an implied term in a commercial contract be implied? (British Columbia, Canada)
What is the effect of a change in terms of terms and conditions in an employment contract when an employee finds that the terms of their employment contract have been changed so that they no longer exist? (British Columbia, Canada)
