Practice Areas

Easements and Rights of Way

Easements are legal rights granted to someone other than the owner of a property to use a specific portion of the property for a specific purpose.

In Ontario, easements are governed by the common law and the Land Titles Act, which provides for the registration of easements on a property’s title.

There are several different types of easements recognized under Ontario law, including:

Easement by express grant

This type of easement is created through a written agreement between the property owner and the easement holder, in which the property owner grants the right to use a portion of their property to the easement holder.

Example: A property owner may grant an easement to a neighboring property owner allowing them to use a portion of their driveway to access their own property.

Easement by necessity

This type of easement arises when a property owner is landlocked and requires access to their property through the land of another. It is often created when a property is severed from a larger parcel of land.

Example: A landowner may be granted an easement to cross a neighboring property to access their landlocked property.

Easement by implication

This type of easement is created when the use of a portion of a property is so longstanding and consistent that it can be implied that the right to use the property was intended.

Example: A property owner may have a longstanding practice of using a portion of their neighbor’s land to access their own property, and this use may be considered an implied easement.

Easement by prescription

This type of easement is created when the easement holder has used the property for a specific purpose for a certain period of time, without the permission of the property owner.

Example: A property owner may have used a portion of their neighbor’s land for a specific purpose for a certain period of time, and this use may be considered an easement by prescription.

In Ontario, easements can be created for a variety of purposes, including access, utilities, and drainage. Easements can also be created for the benefit of a specific property or for the benefit of a specific individual or entity.

Disputes over easements in Ontario can arise when the use, scope, or extent of an easement is in question. For example, a property owner may dispute the scope of an easement or argue that the easement holder is exceeding the permitted use. Alternatively, an easement holder may dispute the property owner’s attempts to block or interfere with their use of the easement.

Resolving disputes over easements can often be complex and require legal expertise to resolve. It may involve the interpretation of legal documents, an examination of historical use, or the determination of the nature and extent of the easement. In some cases, disputes can be resolved through negotiation or mediation, while others may require litigation.