Terms of Use - REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By-Laws and the REALTOR® Code. The MLS® trademark and the MLS® logo are owned by CREA. The information contained on this site is based in whole or in part on information that is provided by members, who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members and assumes no responsibility. The listing content on this website is protected by copyright and other laws, and is intended solely for the private use by individuals. Any other reproduction, distribution or use of the content, in whole or in part, is specifically forbidden. The prohibited uses include commercial use, “screen scraping”, “database scraping”, and any other activity intended to collect, store, reorganize or manipulate data on the pages produced by or displayed on this website.
DeclineAccept

Oliver Reprich

Oliver Reprich Muskoka REALTOR

Why do Easements Exist?

Boundary law states that you cannot build on, obstruct, use or traverse a property that is not yours. Doing so can be considered trespassing. There are many situations, however, where access to another’s property is legitimately and legally required. Some examples include: Your local utility being able to access their equipment on your property (hydro boxes, power lines, underground pipes, overhead wires etc.) legally and without interference. You and your neighbour need to share a narrow driveway between your houses to get to your garages at the rear. A laneway exists across the back of several properties that allows you and your neighbours to access the rear of your properties by cutting across the back of each others’ lands. You have access to a portion of your neighbour’s land for a specific purpose, like maintaining your eaves, or accessing a portion of your property that you couldn’t otherwise do without trespassing.

  • Special access over neighbouring properties for construction vehicles on a new construction site.
  • Air corridors around airports and heliports that prevent buildings from interfering with flight paths.
  • A municipality needing to protect and access their underground drainage assets that may be on your land.

Easements are the tool used to create exceptions to boundary law. They turn what would have been a trespassing situation into a legal right. 

See also:

What is the difference between an S/T and a T/w easement?

How do I know if there's an Easement on my Property?

What is an Easement?


More common questions related to the topic: Legal

What are quitclaim deeds used for?

What is a quitclaim deed?

What is FINTRAC?

Why do I need to show my ID when listing my property?

What does the phrase grandfathered into something mean?

What is an easement, a restrictive covenant, and an encumbrance?

Can a condo property manager enter my condo unit without notice? 

What is Adverse Possession?

What is an Easement?

How do I know if there's an Easement on my Property?

What is the difference between an S/T and a T/w easement?

Will the government protect my property boundaries?

What is an encroachment?

My neighbour says my fence is on their land and that I must move it. The fence was already on the property when I bought it 10 years ago. Do I have to move the fence?

Ask your own Question.

MLS®, REALTOR®, and the associated logos are trademarks of The Canadian Real Estate Association.

Bracebridge Realty, your trusted local real estate brokerage in the "Heart of Muskoka"

Log In