- An easement is a right someone else has to use part of your land for a limited purpose, and its exact scope depends on the wording of the document that created it.
- Land registered under the Land Titles Act generally cannot gain new rights against the registered owner through long use, but older rights and Registry system land follow different rules.
- Whether an easement can be removed depends on its wording and the facts, so have a lawyer review it before you buy or sign anything.
You are reading a property file and find a line about an easement. It might say a utility can run a line across the back of the lot, or a neighbour can use part of your driveway. It is natural to ask what that means for how you use the land.
An easement is not ownership. It is a limited right over land that someone else owns. This article explains how to find and read one, how long use of land can matter, and what to think about if you want it gone.
What an easement is and how to find it
An easement lets a person or a utility use a specific part of your land for a specific purpose, such as a path, a driveway, or a buried pipe or cable. You still own the land. Whether and how an easement continues after a sale depends on its wording and how it was created, so a lawyer can confirm that for your property.
Ontario's land registry is online only and holds the official records of property ownership 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.
So the register is a starting point, but a lawyer is the person to explain what it means. Some arrangements, such as long-standing paths or shared driveways, may not be written on title at all, so it is worth looking beyond the register as well.
What the easement allows and what it limits
The scope of an easement depends on the document that created it. Two easements that look similar on a summary can allow very different things. Read the full wording, not just the short entry on the register.
- Who benefits: a neighbour, a group of owners, or a utility.
- The purpose: walking, driving, running services, or access for repairs.
- The location: a described strip or a general area.
- Any duties: who maintains the area and who pays for damage.
- Your limits: whether you can build, fence or plant on the strip without blocking the right.
As a general rule, you can keep using your land in ways that do not interfere with the easement. Building over it or blocking it is where disputes usually start, so get advice before you put up a fence, shed or addition near one.
Long use and your title
Sometimes nobody signed a document, but a path or right of way has been used for years. For land registered under the Land Titles Act, no title or interest can be acquired against the registered owner by any length of possession or by prescription, so new claims of that kind are barred.
There are exceptions. For Registry system land and possession rights that existed before land titles, an action to recover land must be brought within ten years, after which the owner's title is extinguished. Title acquired by possession by an adjoining owner can also remain a liability on registered land unless notice was served at first registration.
| Type of land or right | General rule |
|---|---|
| Land registered under the Land Titles Act | No title or interest acquired against the registered owner by possession or prescription |
| Registry system land and older possession rights | An action to recover land must be brought within ten years, after which title is extinguished |
| Right of way or similar easement under the Real Property Limitations Act | Enjoyed without interruption for 20 years, it generally cannot be defeated just by showing it started earlier; 40 years makes it absolute unless enjoyed by written consent |
How these rules fit together depends on how your land is registered and how it has been used. That is a question for a lawyer.
Can an easement be removed?
Sometimes, but there is no single answer. It depends on how the easement was created, what its wording says, who benefits from it and whether they agree to give it up. An easement that serves a utility is very different from one shared with a neighbour.
If you are buying, do not assume title insurance solves it. Title insurance is optional in Ontario and generally excludes defects the buyer knew about. An easement you saw on title before closing is likely to be one you knew about, so the better time to deal with it is before you commit.
What to do next
- Get a current parcel register and copies of the easement documents.
- Read the full wording of each easement, not just the entry.
- Walk the property and compare the easement area with fences, buildings and landscaping.
- Tell your lawyer about any long-standing paths or shared driveways that are not on title.
- Raise any concern before you sign an Agreement of Purchase and Sale, or before the condition period ends.
- Ask a lawyer whether a release or change is realistic in your situation.
Frequently asked questions
Does an easement mean I do not really own my land?
You still own the land. An easement is a limited right that someone else holds over part of it, and the document that created it sets out what they can do.
Can a neighbour gain a right of way just by using my driveway?
For land registered under the Land Titles Act, no title or interest can be acquired against the registered owner by any length of possession or by prescription. Exceptions exist for Registry system land and some older possession rights. The Real Property Limitations Act also deals with rights of way enjoyed for 20 or 40 years. How this applies depends on your situation, so it is worth confirming with a lawyer.
How do I see what easements affect a property?
You can search and download a parcel register through OnLand for a fee. ServiceOntario cannot explain the records to you, so a lawyer should read them with you.
Will title insurance cover an easement I knew about?
Title insurance generally excludes defects the buyer knew about. Policies differ, so ask your lawyer what a specific policy covers.
Sources
- Ontario – Land Registry overview — ontario.ca
- Land Titles Act, R.S.O. 1990, c. L.5 (e-Laws) — Ontario e-Laws
- Real Property Limitations Act, R.S.O. 1990, c. L.15 (e-Laws) — Ontario e-Laws
- FSRA – Understanding Title insurance — fsrao.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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