Understanding Easements and Right-of-Ways on Your Property Title: What They Mean and How They Affect Your Rights

You found the home. The inspection went well. Then your lawyer’s title search reveals something unexpected: an easement or right-of-way registered against the property.

For many buyers, this is the first time they have ever heard the term, and it can instantly make a straightforward purchase feel more complicated.

This guide explains what easements and right-of-ways are, how they affect your legal rights, and why they matter during due diligence.

What Is an Easement?

An easement is a legal right allowing another person, organization, utility, or government body to use a defined part of your land for a specific purpose.

The easement holder does not own the land, but their right can be enforceable against the owner and future owners.

An easement runs with the land. That means buying the property does not eliminate it.

What Is a Right-of-Way?

A right-of-way is a specific type of easement involving access or passage across land.

It may benefit:

• A neighbouring property owner
• A municipality
• A utility provider
• Another authorized user

In practice, the terms “easement” and “right-of-way” are often used together because a right-of-way is one kind of easement.

How Easements Are Created

Easements can be created in different ways, including:

• Express grant
• Express reservation
• Easement by implication
• Prescriptive easement in some jurisdictions
• Statutory or government-created easements

The exact method matters because it can affect how the right is documented and whether it may ever be extinguished.

The Two Types of Land Affected by an Easement

In a typical appurtenant easement, two lands are involved:

• The dominant land, which benefits from the easement
• The servient land, which is burdened by it

Some easements are instead held by an organization, such as a utility company, rather than by neighbouring land.

Common Types of Easements on Residential Properties

Common residential easements include:

• Utility easements
• Municipal drainage or sewer easements
• Shared driveway rights-of-way
• Access easements benefiting neighbouring parcels
• Conservation or environmental restrictions
• Party wall arrangements in some attached properties

Some have minimal practical impact. Others can significantly affect development plans or privacy.

Municipal and Government Easements

Municipal easements often relate to:

• Storm or sanitary sewer systems
• Watermain infrastructure
• Drainage routes
• Road widening reserves
• Trails or public access areas

Depending on location and size, these may affect whether you can build, fence, landscape, or expand in a particular area of the lot.

Utility Easements: What Hydro, Gas, and Telecom Companies Can Do

Utility easements are among the most common encumbrances on residential properties.

They often give the utility holder rights to:

• Install and maintain infrastructure
• Enter the easement area for repair or inspection
• Remove interference affecting access or operations

The owner still owns the land, but generally cannot use it in a way that interferes with those rights.

Easements in Gross vs. Appurtenant Easements

This distinction matters:

• An appurtenant easement benefits another parcel of land
• An easement in gross benefits a person, company, or authority rather than a parcel

Utility easements are a common example of easements in gross.

How to Find Easements on a Property Title

Easements are usually discovered through:

• Title searches
• Registered instruments
• Existing surveys
• Lawyer review of the land records

That is why title review remains such an important part of the closing process.

For a broader look at how title review works, see our first-time homebuyer legal closing checklist.

What an Easement Holder Can and Cannot Do

An easement holder can usually use the land only for the specific purpose described in the easement.

They generally cannot:

• Expand the use beyond the registered scope
• Treat the land as if they own it outright
• Use it for unrelated purposes

The exact rights depend on the wording of the easement instrument.

What the Property Owner Can and Cannot Do

The property owner keeps title, but cannot use the easement area in a way that interferes with the easement holder’s lawful rights.

That may affect:

• Construction
• Landscaping
• Fencing
• Driveway changes
• Pools, sheds, garages, or additions

Before building near a registered easement, legal review and practical confirmation are strongly advised.

Encroachments vs. Easements: An Important Distinction

An easement is a legal right. An encroachment is not.

An encroachment happens when a structure crosses a boundary without legal authority. It may sometimes be resolved through agreement, but it is not the same thing as a registered easement.

That distinction matters because the legal remedies are different.

Positive vs. Negative Easements

Most people think of positive easements, where someone is allowed to do something on the land, such as access or maintain infrastructure.

Negative easements or comparable restrictive rights may instead prevent the owner from doing certain things, such as building in a certain way or developing a certain area.

These can matter greatly in redevelopment or renovation planning.

Can an Easement Be Removed?

Sometimes, but not easily.

Possible routes may include:

• Agreement and release by the easement holder
• Merger in some appurtenant situations
• Court proceedings in limited cases
• Abandonment arguments, though these can be difficult

The practical rule is to assume a registered easement will remain unless a proper legal process removes it.

How Easements Affect Property Value

The impact on value depends on what the easement actually does.

Minor rear-lot utility easements may have little effect. Significant access rights, road widening reserves, or restrictions over useful portions of land may have a real impact on value and marketability.

What to Do If You Discover an Easement After Purchase

If an easement surfaces after closing, possible next steps may include:

• Reviewing whether title insurance responds
• Reviewing whether the easement was properly disclosed
• Assessing whether legal negligence or another remedy may exist
• Negotiating with the easement holder if practical
• Planning around the easement if it is valid and permanent

For more on post-closing title issues, our title insurance guide is a useful companion.

Public land-record guidance in Ontario is also available through Ontario Land Registry information.

Final Takeaway

An easement does not necessarily kill a deal, but it should never be ignored.

The real question is not whether an easement exists. It is whether you understand what it allows, what it restricts, and how it fits with your intended use of the property before you close.