Easement Rights And Disputes

Summary

In British Columbia, an easement grants the right to use anothers land for specific purposes. If unregistered, it may be a prescriptive easement, recognized after long-term use, typically over 20 years. Legal action might be necessary to establish rights. Consult a local lawyer for guidance.

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Can an historical easement as driveway be blocked?
In British Columbia, an easement generally grants the right to use another person's land for a specific purpose, such as a driveway. Blocking an established easement may not be legal. Here are some general points:
- Easements are typically registered on the property's title.
- The dominant tenement has the right to use the easement.
- You may need legal advice to resolve disputes.
Is the easement registered on the property title?
No
If the easement is not registered on the property title, it might be considered a prescriptive easement, which can arise from long-term use. To address the issue, you may need to gather evidence of its use and consult a lawyer for advice on asserting your rights. Has the easement been used continuously for a significant period?
Yes, the easement has been used for at least 20yrs
In British Columbia, a prescriptive easement may be recognized if the easement has been used continuously for a long time, typically over 20 years. Here are some key points:
- The easement must be used openly and without permission.
- Legal action might be necessary to establish rights.
- Consult a local lawyer for guidance on asserting your rights.
Have you considered speaking with a lawyer to explore your options?
Im waiting for the lawyer to respond to my inquiry
Case Rating: *
The situation regarding an unregistered easement used for over 20 years could potentially become a legal matter, especially since you've been waiting for a lawyer's response. While the case rating is high, since you've already reached out to a lawyer, it might be best to wait for their guidance. If you need more assistance or have further questions, feel free to ask.