A property owner in Canmore has an express easement registered on their title allowing their neighbour to access their cabin through a path on the owner's land. The owner decides to build a fence directly across this path. What action can the neighbour take?

Question: A property owner in Canmore has an express easement registered on their title allowing their neighbour to access their cabin through a path on the owner's land. The owner decides to build a fence directly across this path. What action can the neighbour take?

Answer options: ✅ The neighbour can seek a court order to enforce the easement and remove the obstruction.

• The neighbour needs to register a new easement for the fence to be removed.
• The existence of the fence automatically terminates the easement.
• The neighbour must purchase a new access path from the owner.

Correct answer: The neighbour can seek a court order to enforce the easement and remove the obstruction.

Explanation: An express easement is a legal right registered on title. If the servient tenement owner (the one granting the easement) obstructs it, the dominant tenement owner (the one benefiting from the easement) can seek legal recourse, usually a court order, to enforce their established right and have the obstruction removed.