If you’re a homeowner or thinking about buying or selling a property, you may have come across the term easement. It's a common detail on land title documents and something that can quietly—but meaningfully—affect your property rights, access, and resale value.
This blog breaks down what easements are, how they’re created, and what they might mean for your property in plain language—from a real estate perspective.
What Is an Easement?
An easement gives someone the legal right to use part of your property for a specific reason, even though they don’t own it. That might be a utility company needing access to underground cables, or a neighbour having the right to use a shared driveway.
In real estate, easements can’t usually be changed or revoked easily. They “run with the land,” meaning they stay in place even when the property changes hands. That’s why understanding them is important—not just for homeowners, but also for buyers and sellers.
Common Types of Easements
You’re most likely to see one of the following types of easements on a property:
- Utility Easements: These allow companies like Hydro One or Bell to access part of your property to install or maintain infrastructure like cables or transformers. You don’t have to give fresh permission every time they show up—they already have the right.
- Rights of Way: These give someone the right to travel across your land to access theirs. You’ll often see this with rural or landlocked properties.
- Shared Driveways: In some neighbourhoods, especially older areas, two properties may share a single driveway that’s partly on each lot.
- Drainage Easements: These protect the flow of water between properties to prevent flooding or pooling.
For more examples and details, the Ontario government’s land registration system offers helpful resources.
How Easements Are Created
There are several ways an easement can come into existence:
1. Express Agreement
This is the most straightforward method. One property owner agrees to give another party access to a specific part of their land. This agreement is registered on the title and remains in place over time.
2. Implied Necessity
Sometimes, easements are created by necessity—such as when a shared wall is required between two row houses. These types of easements aren't always written down, but they’re understood as necessary for the properties to function properly.
3. Legal Statutes
Some easements are created by law, especially for public utilities. These Easements in Gross allow companies to service homes with things like electricity, internet, and drainage. These rights exist even if the property owner hasn’t signed a direct agreement.
4. Prescription (Rare Today)
This older method allowed people to gain legal rights to use part of a neighbour’s land if they had done so without interruption for 20 years. But under Ontario’s current Land Titles System, this no longer applies to most properties. You can read more on this change via Teranet’s land title information.
Can Easements Be Removed?
In certain situations, yes—but it’s not automatic and often requires legal advice. Easements may be terminated if:
- The same person owns both properties involved (the one benefiting from and the one burdened by the easement).
- The party benefiting from the easement gives it up in writing.
- The purpose of the easement no longer exists, though non-use alone doesn’t always count. Each case is different and may require interpretation through legal channels.
For legal processes around easement termination, consulting a real estate lawyer is highly recommended.
Why Easements Matter in Real Estate
Easements can influence everything from your property’s resale value to how you use your land day to day. If you’re buying, it’s important to review the title carefully to understand whether any easements apply. If you’re selling, you’ll want to disclose easements upfront to avoid surprises during the buyer’s due diligence process.
In most cases, easements don’t reduce property value dramatically—but they can be a factor in negotiations or if they limit development potential. Having a knowledgeable real estate professional by your side is key.
Partner with the Bernard Team
Easements can seem like a minor legal detail, but they can have real impact on how you live on—or sell—your property. With deep experience in Oakville, Burlington, and the surrounding areas, the Bernard Team knows how to navigate complex property matters, including those involving easements, lot boundaries, and redevelopment potential. Whether you're buying, selling, or simply planning your next move, we’re here to guide you through every detail.
Connect with us today to start a conversation about your property goals—with no pressure, just honest advice.
