Easement

What is an Easement?

An easement is a legal right granted to a non-owner to use a portion of another person’s property for a specific purpose, such as access, utilities, or drainage.

Why Easements Matter in Real Estate

Easements are common in Canadian real estate and affect how a property can be used, developed, or modified. They are typically registered on the property title and remain in effect even if the property is sold to a new owner.

Common types of easements include:
- Utility easements: Allow utility companies to access and maintain power lines, water pipes, or cable systems.
- Right-of-way easements: Grant access to a neighbouring property or public roadway.
- Drainage easements: Permit water flow or stormwater management across land.

While easements can benefit surrounding properties or infrastructure, they can also limit how a landowner uses the affected portion of their lot. For example, building structures or fencing within an easement zone may be prohibited.

Buyers should always review the property title and consult a lawyer to identify existing easements and understand their implications. Ignoring an easement can lead to legal disputes, fines, or forced removal of unauthorized structures.

Example of an Easement in Action

A homeowner discovers a right-of-way easement on their property that allows a neighbouring cottage owner to access the lake using a private trail. The easement cannot be removed without legal action.

Key Takeaways

• Grants specific usage rights to non-owners over part of a property.
• Common for utilities, access, and drainage.
• Registered on title and binding for future owners.
• Can limit development or alterations.
• Must be reviewed before purchasing a property.

Related Terms

• Right of Way
• Property Title
• Land Survey
• Encroachment
• Zoning