The Association has prepared a brochure
to help you understand easements and rights-of-way.
Copies of Association brochures can be ordered using our online form
What is an easement or right-of-way?
An easement* or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner’s property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner’s use of the affected portions of land.
For example, if you own property and a utility company has a main gas line passing under your land, it is likely that they will have a registered easement that will guarantee them access to the line and restrict uses or activities that would hamper such access or cause safety concerns.
Easements and rights-of-way are usually registered on the certificate of title to the property. They remain with the land and are automatically transferred from one owner to another as the land is sold. Easements remain on the title until the holder of the easement discharges their rights from the certificate of title.
An easement or right-of-way usually describes a particular portion of property, and although not visible on the ground, provides an area of access to the holder of the easement or right-of-way.
Easements and rights-of-way are very common. Most urban and many rural properties are subject to easement or right-of-way agreements.
*NOTE: There are technical differences between the terms easement and right-of-way but they have the same effect upon the landowner and thus can be considered essentially the same.