Robb v. Walker

Robb v. Walker

The easement, although broadly worded and historically used to carry utilities, is a right of way whose phrase 'for all purposes' relates to uses of the dominant tenement and does not, without express grant, include the right to lay a sewer pipeline; installation of sewer lines constitutes a different right...

Source-derived case information.

Citation
2014 BCSC 408
Parties
Plaintiff: Gary Douglas Robb; Defendant: Christopher Michael Walker
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 March 2014
Procedural Posture
Declaratory Judgment Easement Dispute / Trial Judgment Reasons for Judgment
Outcome
Declaration granted for plaintiff: the 1978 easement does not include the right to lay sewer pipe from the marina to the treatment plant; plaintiff awarded taxable costs.
Legal Topics
Right of Way, Scope of Easement, Utility Easements, Interpretation of Instrument, Declaratory Relief
Source Language
english
Property Law Real Property Easements Civil Litigation Right of Way Scope of Easement Utility Easements Interpretation of Instrument +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Gary Douglas Robb

Plaintiff

Christopher Michael Walker

Defendant

Procedural Posture

Declaratory Judgment Easement Dispute / Trial Judgment Reasons for Judgment

Legal Issues

  1. 1 Whether the 1978 easement includes the right to lay sewer pipes
  2. 2 Proper interpretation of the phrase 'for all purposes' in a right of way easement
  3. 3 Whether historical utility use expands the legal scope of the easement

Ratio Decidendi

The easement, although broadly worded and historically used to carry utilities, is a right of way whose phrase 'for all purposes' relates to uses of the dominant tenement and does not, without express grant, include the right to lay a sewer pipeline; installation of sewer lines constitutes a different right requiring an express easement or agreement, therefore the 1978 easement does not authorize laying sewer pipe from the marina to the treatment plant.

Court Disposition

Declaration granted for plaintiff: the 1978 easement does not include the right to lay sewer pipe from the marina to the treatment plant; plaintiff awarded taxable costs.

Orders

  • Declaration that Registration No. G59865 easement does not authorize the laying of a sewer pipeline from the dominant tenement to the Lambourn sewage treatment plant
  • Plaintiff awarded his taxable costs