Legal

Easement

A legal right that allows someone other than the property owner to use a portion of the property for a specific purpose. Common easements include utility companies having access to run power lines, shared driveways with neighbours, or municipal rights-of-way. Easements are registered on title and transfer with the property.

Why It Matters

An easement can affect what you can build, where you can build it, and who has the right to cross your land. Your lawyer should review easements during the title search. Discovering an easement after you've planned your dream backyard addition is not the surprise you want.

Real-World Example

You purchase a detached home in the Annex and plan to build a two-storey rear addition. Your lawyer's title search reveals a 3-metre utility easement along the back of the property, granting Toronto Hydro access to underground power lines. Your planned addition would encroach on the easement, so you need to redesign the project to respect the setback -- or apply for the easement to be relocated, which is expensive and not guaranteed.

Ontario & GTA Context

In Ontario, easements are registered on title and are discoverable through a title search or property survey. Common easements in the GTA include utility easements (hydro, gas, water), mutual driveway easements (common in older Toronto neighbourhoods with semi-detached homes), and municipal drainage easements. Ontario's Land Titles Act governs the registration and enforcement of easements.

How It Works in Practice

If you plan to build, renovate, or alter the property, have your lawyer review all registered easements before you finalize plans. Request a property survey (or review the existing one) to see where easements fall on the lot. Easements run with the land -- they do not disappear when the property changes hands.

Common Questions

Can I build over an easement?▾

Generally no. Building over an easement requires the consent of the party that holds the easement rights. Utility companies rarely consent to permanent structures over their easements. You may be able to build a removable structure (like a fence or deck) in some cases, but check with your lawyer and the easement holder first.

How do I find out if there are easements on a property?▾

Your real estate lawyer will identify easements as part of the title search during the closing process. You can also review the property's registered survey or order a new survey. Easements are registered on the property's title in Ontario's land registry system.

Related Terms

Zoning By-law

Freehold

Related Guides

First Time Buyer

Closing Process

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