What exactly is an easement?

Mourning

It is very common for properties to be transferred subject to easements. But you may be wondering, what exactly is an easement in the first place?

In a nutshell, an easement is a real property law term for the right to use someone else’s property without actually owning the property. An easement is itself a property right, and, once established on title, is transferrable to a subsequent owner.

A very common easement is an access easement. For example, if you own a piece of property that has no access to the nearest road, you might be granted an easement to access your property over a neighbour’s property. Another common easement is for hydro, to allow hydro workers to enter onto your property in order to access hydro poles for maintenance or repair. Easements can be acquired either by purchasing them, or by adverse possession (if your property is in the Land Registry System).

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