What Does an Easement on My Property Mean in BC?
This answer covers the law of British Columbia.
An easement is a right, created by a registered instrument such as an easement agreement or shown on a registered plan, for one parcel to benefit from another. The land that benefits is called the dominant tenement. When that land is transferred, the benefit passes without express mention.
A statutory right of way is a related charge held by bodies such as municipalities, regional districts and public utilities. It is an easement without a dominant tenement, for purposes needed to operate and maintain the grantee's undertaking. Its terms bind and benefit the grantor, the grantee and their successors in title, unless a contrary intention appears. If it covers only part of the land, the registrar endorses only that portion.
One route to ending an easement is a court application. The Supreme Court can modify or cancel an easement or statutory right of way on application by a person interested in the land, for example if it is obsolete or impedes reasonable use without practical benefit to others. Effect on use and value depends on the wording and location, so a lawyer can confirm what applies to your property.
Key takeaways
- An easement is created by a registered instrument such as an easement agreement, or shown on a registered plan.
- The land that benefits is the dominant tenement, and the benefit passes on transfer of that land without express mention.
- A statutory right of way can be granted to bodies such as municipalities, regional districts and public utilities, and its terms bind successors in title unless a contrary intention appears.
- A person interested in the land may apply to the Supreme Court to modify or cancel an easement or statutory right of way.