| Case name: |
Dattolo v. Merlo |
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| Jurisdiction: |
Canada - British Columbia |
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| Parties: |
Name |
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Appearing as |
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Dattolo, Ada Tecla |
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Petitioner |
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Dattolo, Carmine |
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Petitioner |
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Merlo, Verna Lena |
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Respondent |
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| Before: |
Decision maker |
Designation |
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Shabbits, S. James |
J. |
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| Lawyers: |
Name |
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Appearing for |
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Adair, D. Brent |
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Petitioner |
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Westcott, William A. |
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Respondent |
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| Decision: |
Two applications by property owners for orders pursuant to s. 36 of the Property Law Act, R.S.B.C. 1996, c. 377, dealing with an encroachment dispute. One application sought an order requiring removal of all of the encroachments. The other application sought an order granting title to a portion of the property on which an encroaching sidewalk was located. It was held that the Petitioner was entitled to an easement for the encroaching sidewalk upon payment of compensation in the amount of $500. The easement would be in effect until the Petitioner's house was removed or demolished. The remaining encroachments were ordered to be removed. Costs were awarded to the Respondent. |
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| Related decisions: |
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Later |
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| ExLaw citation: |
[1998] EXLAW 22 |
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| Parallel citations: |
(1998) 80 A.C.W.S. (3d) 673 |
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[1998] B.C.J. No. 1499 |
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