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How do easements affect my property rights?

When you buy property, you expect to have full use of the property in any lawful manner. There is one aspect of property usage that you need to consider when you are looking into purchasing property or if you have already purchased the property. That aspect is an easement.

What is an easement?

An easement is a legal right that gives someone else the ability to use a portion of your land. There are a few different reasons for an easement. One is that another piece of land can't be enjoyed without that property owner having the right to use a portion of your land, such as a driveway or pathway. Another reason would be if the easement grants the right of noise or light to someone else, which would restrict fence building. Municipal or utility easements provide those entities with a right to place items on your property.

How do I know if a property has an easement?

Easements are attached to the property's title. A title search can reveal if a property has an easement. Ontario residents might be able to get a prescriptive easement if a right to use someone else's land has existed for at least 20 years without interruption. An existing easement would transfer to a new owner if a property is sold.

Can I end an easement?

There are two ways to end an easement. The first is to get the person using the easement to agree to end it. The second is to get a court to end the easement.

If you have questions about easements or if there is a dispute over an easement, you should work to find out what options you have about the easement. You can then move to get the matter resolved in a legal manner.

Source: FindLaw Canada, "What is an easement?," accessed July 09, 2015

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Yigal Rifkind, Barrister & Solicitor Attorney

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