An easement on a property in Ontario gives another person, property owner, or organization certain rights to use part of the land without owning it. A right-of-way is a common type of easement, often used to provide access across a property. These rights can affect how you use land, so buyers should understand them before completing a purchase.
What Is an Easement or Right-of-Way?
An easement provides a legal right to use another person’s land for a specific purpose. A right-of-way usually allows someone to travel across a defined part of the property.
Common examples include:
- a shared driveway between neighbouring homes
- access to a landlocked or rear property
- utility access for hydro, water or other services
- access roads serving commercial properties
An easement does not usually give the person using the land ownership of it. Instead, it gives them specific rights that depend on the terms of the easement.
How Easements Can Affect a Property
An easement on a property in Ontario may appear in the property’s registered title documents. Buyers should understand where the easement is located, who benefits from it, and what rights it provides.
For example, a shared driveway may allow a neighbour to cross part of the property to reach their garage. A utility easement may allow workers to enter a particular area when infrastructure requires maintenance.
These rights can matter if you plan to build an addition, install a fence, change access to the property, or redevelop the land.
What Buyers Should Review Before Closing
Buying property with an easement is not necessarily a problem. Many residential and commercial properties have easements that operate without dispute.
The important step is understanding the easement before you become the owner.
A real estate lawyer can review an easement on a property in Ontario, examine the registered documents, and explain what the wording means. This can help clarify:
- which part of the property is affected
- who has the right to use it
- what type of use is permitted
- whether there are restrictions or obligations
Key Considerations
Not every access arrangement is the same, and the wording of the registered documents matters. Buyers should not rely only on how a driveway, laneway or other access point is currently being used.
An easement on a property in Ontario may continue after the property is sold, which makes reviewing it before closing important. If your plans depend on a specific use of the land, raise those plans with your lawyer early in the transaction.
Understand the Property Before You Buy
Easements and rights-of-way are common property interests, but understanding their effect can help prevent surprises after closing.
If you have questions about an easement, right-of-way, or other real estate concern, contact us or speak with Samantha Machado at 905-798-5770.
For further assistance, review our Real Estate Law services or read Beyond the Standard Closing: A Guide to Real Estate Transactions in Ontario. (Link TBD.)
Quick FAQ
What is the difference between an easement and a right-of-way in Ontario?
An easement is a legal right to use another person’s property for a particular purpose. A right-of-way is a type of easement that generally provides a right to travel across the property.
Can I buy a property that has an easement?
Yes. Properties can be bought and sold with existing easements. Before purchasing, it is important to understand what rights exist, where they apply, and whether they could affect your intended use of the property.
Can an easement be removed from a property in Ontario?
In some circumstances, an easement can be released or removed, but the process depends on the type of easement and the legal rights involved. A real estate lawyer can review the registered documents and advise on the options available.
