What is an easement and how does it affect my property rights?
An easement is a registered right that allows someone else to use a specific part of your land for a specific purpose. The most common example in Ontario is a right-of-way that lets a neighbouring property owner cross your land to reach a road. Utility easements are also common — they allow a municipality or utility company to access buried pipes, cables, or hydro lines that run under or across your yard.
Easements typically run with the land, meaning they survive every sale and bind every future owner. When your lawyer reviews title, any registered easements will show up and be explained to you before you commit to the purchase. You should understand exactly where on the property the easement sits and what it permits, because it may restrict what you can build or plant in that area.
Not every easement is a dealbreaker. A narrow utility easement along a back fence line may have little practical impact. A right-of-way across your driveway shared with several neighbours could be more significant. Your lawyer can advise you on whether a particular easement is standard for the area or is the kind of restriction that should change your offer price or your decision to buy.
Key takeaways
- An easement gives someone else a right to use part of your land for a defined purpose.
- Easements are registered on title and bind every future owner automatically.
- Your lawyer will identify all registered easements during the title search.
- Some easements are routine; others can meaningfully limit how you use your property.