Easements – Obsolete or Not – Property Law Act #358

BC Real Estate Association logo with the words "legally speaking" printed below

By Gerry NeelyB.A., LL.B. Section 35 of the Property Law Act provides for the cancellation of an easement if it is obsolete due to changes in the character of the land, the neighbourhood or other material circumstances. Without this section, the following easement interests, which were the focus of two recent cases before the British Columbia Court