A right of vehicle parking and garaging over a strip of land approximately 3 metres by 16 metres, including the right to maintain and replace a garage structure, does not substantially deprive the servient owner of proprietorship or possession where the servient owner retains rights to use the easement area for storage, to build above and below the easement area, and to use the roof of structures. The onus of proving invalidity lies on the party challenging the easement, and mere inconvenience in manoeuvring vehicles does not suffice without evidence establishing that vehicles cannot be turned around at all. The question of whether easement validity is assessed at the date of grant or the date of litigation was left open.
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