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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

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What is a quitclaim deed?

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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.

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