Background Facts:
Raymond Lorne Hellmen and Shannon Lee Wallis owned Lot 1 in Kamloops, British Columbia, which benefited from a registered easement over Lot 2, owned by Stephen Leonard Hartwick and Jil Meredith Forbes. The respondents obstructed the easement with parked vehicles, a fence, and a gate. Structures from the petitioners’ property, including a dripline, eaves, and a retaining wall, also encroached onto Lot 2.

Legal Issues:
The case addressed two key issues:

1. Whether the respondents unlawfully obstructed the easement.
2. Whether the court should grant an Encroachment Easement under the Property Law Act for the encroachments.

Court Findings:
The court ruled that the easement allowed passage only and prohibited parking or storage. The respondents’ fence and gate substantially interfered with access to Lot 1 and were ordered removed, though a motorized gate with shared access was permitted. For the encroachments, the court granted an Encroachment Easement, ordering the petitioners to pay $4,000 in compensation to the respondents.

Outcome:
The petitioners were awarded partial relief but were required to bear their own legal costs unless further submissions were made within 60 days.

Key Judgment:
The case reinforced easement rights while balancing property use, ordering reasonable remedies for both parties.