Easement Used to Access Back Garden and Illegal Rented Suite

[Jenniferj]

My question involves an easement in the state of: Victoria, British Columbia, Canada.

Good evening,

I have just discovered a piece of land my neighbour uses as an entrance to his back garden and the entrance to an illegal rented suite. The original owner (his sister in law) a company she owned and the mortgage lender sold it to her independently for one dollar. According to the municipality the land is within my boundaries and I am required to pay yearly taxes on this even though I have no access to it.

Can I have the easement removed? If I did I would move my fence line that would still allow him access to his garden and the suite, albeit a narrower pathway. Do you think I will be able to have this removed as I am having to pay taxes on the land?

Also, he purchased the original house from his sister in law and in that process the land was sub-divided into three lots, on which he built and sold two further properties. Hence the easements, of which there are many providing him and the municipality access through all three properties. But the one I am hoping to remove would still allow him access as there is another easement between this and his house - giving him the narrow pathway.

This is very discombobulated I know. Apologies. And I appreciate any advices you can offer.

Thank you.

[Mr. Knowitall]

British Columbia is not a U.S. state, and this site is for U.S. legal questions. Laws vary between nations, often quite significantly, so what's true in a given U.S. state may be wrong and unhelpful in your province.