What is an easement? An easement grants rights to cross or use land for a specified purpose. For instance, you may have an easement over a neighbor’s land to allow you access to your home thru a shared driveway. Another form of easement is for public utilities like a buried electrical service. Such a service might prevent you from installing a pool or deck on your property. Easements grants use but not ownership of the land.
Most easements must be registered on the title to be valid. The land subject to the easement which is called servient tenement, must be described and its purpose identified. Easements will be referenced in a legal description, detailing the burden or rights of an easement, and will be assigned a number from the land registry office. A survey of the land will show rights of ways or easements.
When you buy or sell a home the easements registered on the property automatically transfer to the new owner. Consult with a real estate agent or real estate attorney if you have any questions about the easements attached to a property of interest and how this will affect your enjoyment of your property.
Right of way
Right of way is an easement that affects residential properties. It is the right of movement across a defined path. In the picture above the properties share a driveway. Other rights of way may involve access to a lake or playground.
Nothing permanent can be constructed along the right of way that would impede travel such as a fence. Parking is also not allowed on a right of way.
Utility easements
Utility easements can include cables crossing the rear of the property to buried utilities like water pipes and storm sewers. Usually, utilities will run with the road allowances and to not require an easement. Easements crossing a property line can be more problematic. Telephone wires strung between poles may extend to an area that you would like to build a pool, shed or gazebo. Ensure you do not encroach on a utility easement as it could become costly to remove structures.
It is possible that an unregistered utility easement can exist on the property so check to see if any unregistered easements exist when buying a home.
Unreasonable Use of Easement
An easement can be terminated if a court finds it is being used beyond reasonable use. If the use is substantially affecting or interfering with the landowners use of the property. For instance, an easement granting access across a property to a lake for recreation. If the easement is intended for access but is being used improperly to store items, build sheds or parking of cars you may have reason to terminate an easement.
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