Allyson, Brenda and Carolin (A, B and C) own three properties and houses next door to each other at a vacation lake in British Columbia. C’s house is difficult to access from the lake, and she usually arrives at the property with her family by boat. To help C out, A and B agree that C can walk along the front of their properties to allow C to get to her house and property. To make it official, C’s right as owner of her property to walk across A and B’s property is registered on all three properties in the government land title office.

A and B also want to make sure the “look” of their neighbourhood remains attractive, so they enter into an agreement with C whereby they all agree to paint their houses exterior with a fresh coat of paint every three years. Again, to make it official, this agreement is registered on all their properties in the government Land Title Office.

After a couple of years, C sold her property and house to Deborah (D). After a few years of ownership, D gets into an argument with A and B. A and B do not like D, so they tell D that she can no longer walk along the front of A and B’s property. In retaliation, D says she will no longer paint her house every three years.

Can Deborah enforce her right to continue to walk across Allyson and Brenda’s property? Can Allyson and Brenda force Deborah to paint her house?

Answer rating: 100% (QA)

In the case it is written that property is registered with the government land and titles with ... View the full answer