Monday July 29, 2019

What is an Easement?

Authored by: Allen A. Campbell Posted in: Real Estate

You may have purchased a property that is subject to an easement or contemplating purchasing one, and not know what that means.

An easement is a right for another landowner (or a utility) to use part of your property for a specific purpose. A driveway easement across one property to another property is a common example of an easement. This type of easement may also be referred to as a Right of Way. A Right of Way, when properly worded, is an easement for the purpose of passing over certain lands. Other types of easements might be the right to run water lines, sewer lines, utility lines/poles, etc. There may also be easements that deal with encroachments of fences, sheds or garages from one property onto another. These are simply some examples of the various types of easements, but the actual list of types of easements is much longer.

Easements for water, sewer and utility lines are very common and are generally viewed as a necessity for the use and enjoyment of any property. That being said, you should be aware of the full impact of these or any other types of easements that affect properties that you may be looking at purchasing.  What an owner can do with the portion of his land where the easement lies varies from situation to situation and may impact your future use of the property. These issues should be discussed with a lawyer as soon as possible.

For more information on easements, please contact a member of our Real Estate Team.

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Monday April 6, 2020

Ontario Court of Appeal Finds Ways to Hear Appeals During COVID-19

Authored by: Terrance G. Sheppard Posted in: Family Law

Unlike Nova Scotia, the Ontario Court of Appeal is allowing parties who had scheduled appeals to request their appeal be heard in writing. In contrast, the Nova Scotia Court of Appeal has adjourned or postponed all hearings that were scheduled for May/June with no option to proceed in writing.

Read full article
Blog Post | Friday April 3, 2020

Immunocompromised Mother Granted Exclusive Possession of Matrimonial Home After Father Failed to Take COVID-19 Seriously

Posted in: Family Law

In an Ontario decision released on March 31, the Ontario Superior Court of Justice dealt with an urgent issue regarding the mother’s exclusive possession of the matrimonial home.

Read full article
Blog Post | Thursday April 2, 2020

UPDATE: Moving between homes during COVID-19: Public health advice versus legal obligations

Posted in: Family Law

On Tuesday, March 31, 2020, Nova Scotia’s chief public health officer, Dr. Strang, advised that children moving between homes in co-parenting situations may increase the child and family’s exposure to COVID-19.

Read full article
Blog Post | Wednesday April 1, 2020

Ontario Decisions on Parenting Time During COVID-19

Posted in: Family Law

Yesterday, Dr. Strang recommended that children should not be moving back and forth between two homes. However, Courts in Ontario have indicated otherwise. You should seek legal counsel prior to altering any current parenting order or agreement.

Read full article