What is a utility right of way and can it affect building on my lot in Alberta?
This answer covers the law of Alberta.
A utility right of way is a right a registered owner grants to the Crown or a corporation for specified purposes, such as utilities, pipelines or drainage, and the instrument granting it may be registered. Whether it limits your deck, garage or fence depends on what the registered document says, so read it before you build.
The right runs with the land even if the grantee owns no benefited land, so it stays with the land when ownership changes. Owners hold land subject to the interests endorsed on the certificate of title. A title does not show everything, because some matters affect land without being mentioned on it. An easement cannot be acquired through long use; it must be created by registered instrument or statute.
You cannot simply remove one yourself. The grantee may surrender a utility right of way by registered instrument, but if it has been mortgaged or encumbered, the mortgagee's or encumbrancee's consent is needed first. Other easements are cancelled on a signed discharge from the registered owner of the dominant tenement. Before building, get a current title search and the registered document, and check municipal rules and the wording with a lawyer.
Key takeaways
- A utility right of way is a right granted to the Crown or a corporation for specified purposes such as utilities, pipelines or drainage, and it can be registered against your land.
- The right runs with the land even if the grantee owns no benefited land, and you hold your land subject to the interests endorsed on your certificate of title.
- The title does not show everything, and an easement cannot be acquired through long use, so it must come from a registered instrument or statute.
- Before you build, get a current title search and the registered document, and confirm the details with a lawyer and your municipality.