Easement
Learn what an easement is in Canadian real estate, how it affects property rights, and what homebuyers need to know before purchasing land with one.
May 22, 2025
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
6525 Mississauga Road and its surrounding context. (RBC Capital Markets & CBRE)
Property details for 6525 Mississauga Road. (RBC Capital Markets & CBRE)
National average resale-price growth and housing-starts growth, smoothed over three months. The comparison illustrates the cycle; it does not establish how much a price change causes construction to change.
Trailing 12-month starts in centres of 50,000 or more remove the usual monthly seasonality. Ownership combines the homeowner and condominium categories; rental is shown separately.
Six-month averages of provincial starts, expressed at annual rates. The smoothing reduces the influence of individual apartment projects.
The same August benchmark compared with two different starting points. Three-month changes are not annualized.
Average sale prices show the difference in purchase costs across markets. They do not measure affordability relative to local incomes or construction costs.
Newfoundland and Labrador remains above its pre-pandemic sales pattern, but August activity was below last year. Historical lines retain their original release vintages.
Average and median describe different aspects of the same month’s transactions. Both are affected by the mix of homes sold.
Category averages compare different homes and locations; the gaps are not estimates of the cost to upgrade an otherwise identical property.
The five categories shown account for 5,000 of the board’s 5,057 sales. The remaining 57 transactions were in other housing categories.
Monthly observations are not seasonally adjusted. Active listings count properties available at month-end; they are not construction inventory.
Average and median prices share one dollar axis. These unadjusted transaction measures do not control for changes in the homes sold.
TRREB’s 416/905 categories compare the apartments sold in each area. The difference does not isolate a location premium for equivalent units.
5680 Oak Street in Vancouver and its surrounding context. (MCMP Architects)
Ground-level renderings of the tower proposed for 5680 Oak Street in Vancouver. (MCMP Architects)