What is an Easement?

An easement is a legal right that allows you to use someone else’s land or allows someone to use your land for a specific purpose.

Some of the most common types of Easements are:

1. Right of Way – This allows access through someone else’s property such as a shared driveway.
2. Drainage Easement – This allows water from one property to flow over someone else’s property.
3. Utility Easement – These allow utility companies to come on to the property to install or maintain services such as Vector who provide power.

Easements are usually created by a formal agreement and recorded on the property’s title. This makes them legally binding. They do not transfer ownership but allow specific use rights.

Easements must be respected and adhered to. 

If you have an easement on the title for your property you need to understand what rights and obligations the easement creates for you and for the other person. For example, with a Right of Way there may be an obligation on the person who has the right to access someone else’s property to contribute towards the costs to maintain the Right of Way and the owner of the land may have an obligation to always keep the Right of Way free of obstructions to allow access.

If you have questions about easements on your existing property or on a property you are considering purchasing you must discuss this with your lawyer.