What Is an Easement on Title in Ontario and Can You Remove It?

You are buying a home, refinancing, or checking your title, and a document mentions an easement. It may be a strip along the back fence, a shared driveway, or a line running under the lawn. The first question is usually the same: what does this let someone else do on my land?

This article explains in plain words what an easement is, how you can find out about one, how long use can matter, and what options you generally have. The details depend on the exact wording of the document and the facts, so treat this as a starting point for a conversation with a lawyer.

What an easement means

An easement is a right that lets someone use part of another person's land for a specific purpose, without owning it. The land that carries the burden stays yours. The person or property that benefits gets the right of use.

Common examples are a right of way to get to a neighbouring property, shared access, and a right for a utility to run lines or pipes. The purpose, the location and who can use it all depend on how the easement was created, so two easements can look similar on a search and still differ in what they allow.

• It usually limits what you can build or plant on the affected strip.
• It is about use, not ownership, so you generally still own the land underneath.

Finding and reading an easement

Ontario's land registry is online only and holds the official ownership records for more than 7.4 million parcels. Anyone can search, view and download current and historical property records, such as a parcel register, through OnLand for a fee.

ServiceOntario reviews and certifies registrations but cannot search, give legal advice or explain any property's records. That means the interpretation of what you find is up to you and your lawyer. Ask for a copy of the actual document that created the easement, not just the line in the register, because the wording sets out what is allowed.

• Get the parcel register and the registered document that created the easement.
• Note where the easement sits on the property and who benefits from it.
• Compare it with a survey, if you have one, to see how it affects fences, sheds, pools or additions.
• Ask whether anyone is actually using it today and how.

Long use and existing easements

Long use of a right of way can raise different questions from what the register shows. A right of way or similar easement enjoyed without interruption for 20 years generally cannot be defeated just by showing it started earlier, and 40 years of enjoyment makes it absolute unless it was enjoyed by written consent.

So if a neighbour has long used a path or lane across your land, the question is not only what the register says. How long the use lasted, whether it was interrupted and whether it was by permission can all matter. Those questions are fact-specific and are worth reviewing with a lawyer before you take steps such as blocking access.

Can you remove or deal with an easement?

Sometimes, but there is no single answer. Whether an easement can be released, narrowed or challenged depends on its wording, who benefits, whether that person agrees, and the facts of how it has been used. Ignoring it or building over it can lead to disputes, so get advice first.

• Live with it: many easements cause little practical trouble once you understand them.
• Negotiate: the person who benefits may agree to change or give up the right, and any agreement should be put in writing.
• Challenge it: where the easement's validity or scope is in doubt, a court application may be an option, and a lawyer can assess that.
• Walk away or renegotiate: if you are buying, an easement you cannot accept may affect whether you close.

Title insurance is optional in Ontario. For a one-time premium it may cover unknown title defects, existing liens, encroachments, survey and public-record errors and title fraud, but it generally excludes defects the buyer knew about. Whether a policy would respond to a particular easement depends on its terms and your situation, so it is worth confirming with a lawyer.

What to do next

• Order the parcel register and the easement document.
• Have a lawyer explain what the easement allows and whether it affects your plans.
• If you are buying, raise the easement before your conditions expire.
• Speak to the neighbour or utility only after you understand your position.
• Ask about title insurance and what it would exclude.

Frequently asked questions