First Nation Land Registry

Modification of an easement agreement #385

Legally Speaking

By Gerry NeelyB.A. LL.B. When is an easement not an easement? “When the rights granted by it detract so substantially from the rights of the servient owner that it must be something other than an easement.” This quote is from the reasons for judgment interpreting an easement agreement granting access over Lot 3 (the servient

Indian Land Development and Sale, Introduction To #328

Legally Speaking

By Gerry NeelyB.A. LL.B. Anyone involved for the first time in the sale of an interest in reserve land will find little that resembles the more usual sale of fee simple land with which we are familiar.  The outright sale of reserve land is a rarity, occurring usually as part of a trade of land, because