Terminology Tuesday: Easement

An easement is a common but often misunderstood concept in Ontario real estate. In simple terms, an easement is a legal right that allows someone else to use a portion of a property for a specific purpose—even though they don’t own it.

In Ontario, easements are most often seen with utility companies. For example, a hydro or gas provider may have the right to access part of your land to install, maintain, or repair infrastructure like power lines or pipelines. Municipalities may also have easements for things like stormwater drainage or sewer systems. In some cases, neighbouring properties may benefit from an easement—such as a shared driveway or a right-of-way to access a landlocked parcel.

It’s important to understand that while you still own the land, your use of the easement area can be restricted. You typically can’t build permanent structures over it or do anything that would interfere with the purpose of the easement. For instance, building a shed or planting large trees over underground utilities could cause issues down the line.

Easements are registered on title and will appear during a title search, which is why reviewing these details is a key part of any real estate transaction. Buyers should take the time to understand how an easement might affect their use and enjoyment of the property. Sellers, on the other hand, should be aware of any easements on their property and be prepared to disclose them.

If you’re unsure how an easement impacts a property you’re buying or selling, working with a knowledgeable REALTOR® can help you navigate the details and avoid surprises.