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Real Estate

What happens if an easement's exact location or width was never clearly surveyed?

TSL Written by the Treadstone Law team· Updated August 2026

An easement whose exact location or width was never precisely surveyed can become a genuine source of dispute later, particularly once the original neighbours who understood the informal arrangement are no longer the owners. Without a clear, surveyed description, both the dominant owner, who benefits, and the servient owner, whose land it crosses, may have different, honestly-held ideas about exactly where the easement actually sits and how wide it's meant to be.

Resolving this usually requires a survey, often supported by a new reference plan prepared by an Ontario Land Surveyor, to pin down the physical extent of the right, informed by whatever evidence exists: the wording of the original granting document if one exists, historical patterns of actual use, and any physical features, like an existing worn path or driveway, that suggest what was originally intended. Courts asked to resolve this kind of dispute look closely at this same evidence to interpret the parties' original intent, rather than simply picking a location.

If you're dealing with an easement that was never properly surveyed, getting a current survey and, ideally, a registered reference plan clarifying its exact location and width is a worthwhile step to take proactively, rather than waiting for a dispute with a neighbour or a future buyer to force the issue.

Key takeaways

  • An easement never precisely surveyed can create genuine disputes over its actual location or width.
  • Resolving it typically requires a new survey and often a reference plan from an Ontario Land Surveyor.
  • Courts look at the original document's wording, historical use, and physical features to interpret intent.
  • Get the location clarified and registered proactively rather than waiting for a dispute to force the issue.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone real estate lawyer can help.
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