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Oliver Reprich

Oliver Reprich Muskoka REALTOR

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

  1. An easement is the right or privilege given to someone (or a corporation often a municipality) for a limited use of lands that belong to someone else. A very common example of an easement is the right of way for water, sanitary, and storm sewer lines.
  2. A restrictive covenant is a contract which gives one owner of land the right to restrict another owner of land from using his or her land in a certain way that might be detrimental to the saleable value of the first owner. Restrictive covenants are always negative; that is, they are meant to prevent something from happening. For example, a land developer will often file a restrictive covenant on a parcel of land being developed for single family homes stating that the land must be used for private residential purposes only and no attached or semi-detached homes, duplexes, apartments, or any house designed for more than one family can be built on the lands.
  3. An encumbrance is a general term meaning some sort of charge upon the land and may include restrictive covenants and easements as well as many other items.

Because there are so many things like these that may appear on the title to the property you wish to buy, you really should use a lawyer to help you.

More common questions related to the topic: Legal

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Will the government protect my property boundaries?

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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.

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