Legal Steps for Enforcing Easements and Rights-of-Way in BC
Easements and rights-of-way are legal interests in land that allow one party to access or use another party’s land for a specific purpose, commonly to cross a shared driveway, install utility infrastructure, or access a landlocked parcel. While these arrangements are often registered on title and operate smoothly, disputes can arise when access is interfered with or denied.
At Linley Welwood, we know how quickly a difficult situation can escalate when your rights are ignored or challenged. That is why we have outlined the legal steps for enforcing easements and rights-of-way in British Columbia.
Learn how to ensure compliance with construction law.
What Should You Do When Easement or Right-of-Way Issues Arise?
When someone interferes with your legal access or use of land through an easement or right-of-way, it can create practical challenges and potential legal risks. Understanding the enforcement process can help you take the right steps to protect your interests and prevent estate disputes before they escalate.
Attempt to Resolve the Issue Informally
Many easement disputes stem from miscommunication or a lack of understanding of the registered terms. Before initiating legal action, consider contacting the other party directly or through legal counsel. In some cases, a letter setting out your rights and requesting compliance may be sufficient. Mediation or informal resolution methods are often a cost-effective first step.
Review the Easement Agreement or Land Title
The terms of the easement or right-of-way are typically set out in a registered charge on title. Reviewing the instrument number and related documents through the Land Title and Survey Authority (LTSA) will clarify:
- Who the dominant and servient tenements are (if applicable);
- What rights are granted (e.g., pedestrian access, vehicle passage, utility installation);
- Any limitations or obligations on use.
If the easement is a statutory right-of-way under section 218 of the Land Title Act, it may not be tied to a specific dominant tenement. These are commonly used for public utilities or infrastructure and carry distinct enforcement mechanisms.
Seek Legal Advice and Prepare Evidence
If informal efforts fail, consult with a lawyer experienced in real property disputes. Enforcement may require evidence such as:
- The registered easement documents;
- A land title search and plan of survey;
- Photographs or other documentation showing the interference;
- Correspondence with the other party;
- Witness statements, if applicable.
In cases of persistent interference, your lawyer may recommend litigation.
Apply to the Supreme Court of British Columbia
Enforcement proceedings typically take place in the Supreme Court of British Columbia, which has jurisdiction over land-related claims and equitable remedies. Common court remedies include:
- Injunctions: An order prohibiting the servient owner from interfering with your easement rights.
- Declarations: A judicial declaration of the scope or validity of the easement.
- Damages: Compensation for loss suffered due to the interference.
The court will assess the registered instrument, the parties’ conduct, and the practical use of the land when determining relief.
Whether you are a property owner, developer, or business relying on access through another’s land, it’s important to protect your registered rights. Early legal advice can help resolve disputes efficiently and preserve long-term relationships with neighbouring landowners.
At Linley Welwood LLP, we represent clients throughout British Columbia in real estate and property litigation, including disputes over easements, rights-of-way, and access agreements.
Contact us today to schedule a consultation and learn how we can assist you.
