Using s. 35 of the Property Law Act to extinguish, modify easements in B.C.

By E. Craig Watson ( December 4, 2025, 1:20 PM EST) -- Easements, being one of the most common non-possessory interests in land, are often essential for the proper use and development of a dominant tenement. However, over time, changes in the character of the land, the surrounding neighbourhood or the purpose of the original grant can render an easement obsolete, impractical or economically detrimental to the burdened land (the servient tenement). In British Columbia, if parties do not agree to privately extinguish an easement, the owner of the servient tenement must apply to the court for relief under s. 35 of the Property Law Act....