What does it mean to have an easement on a property?

What does it mean to have an easement on a property?

An easement is a “nonpossessory” property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn’t allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder’s use.

Are there absolute rules of Conduct for easement owners?

Neither party can conduct activities or place obstructions on the property that unreasonably interfere with the other party’s use of the property. In this respect, there are no absolute rules of conduct.

What does an appurtenant easement in gross mean?

Easements Appurtenant Easements in Gross are easements that grant the right to cross over someone else’s property to a specific individual or entity and, as such, are personal in nature. In other words, they do not transfer to a subsequent owner.

How are easements affect private property rights in Toronto?

More problematic are the mutual driveways between houses that are common in older neighbourhoods in the Greater Toronto Area (GTA). There are lots of stories of neighbours (often new neighbors or tenants) who restrict vehicular access to a rear garage or try to fence off a portion of the legal access.


Can a property owner force an easement to be removed?

The owner of the easement can take legal steps to force the owner of the property to remove it. You should know where all easements are located and what restrictions are associated with them before you purchase a property. Not every easement is found on the face of property deeds like warranty or grant deeds.

Can a private owner use an easement on private land?

However, just because an easement holder has a private parking area on your land doesn’t mean a right exists to turn it into a scrap business. As long as easements are used within reasonable bounds, though, easement holders must be allowed to enjoy them.

Where can I find a transferable easement on my property?

Generally, transferable easements are listed on a deed or other legal documents disclosed when purchasing the property. It’s your responsibility to check for easements before erecting or building on any area of your property.

What kind of easement do you need for a gas line?

E.g. electrical, gas, water, or telephone lines. Easements of support (pertaining to excavations) – similar to an easement for services but will require excavation works e.g. establishment of drainage pipelines, natural gas lines power, telephone lines.

Is it legal to transfer an easement in gross?

The transfer of easements in gross for commercial uses such as telephones, pipelines, transmission lines, and railroads is often permitted. Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement.

When do you need a prescriptive road easement?

For example, prescriptive road easements may be created if you had been using a part of a neighbor’s property for access without a formal easement for the past 20 years. This essentially allows the easement holder to adversely possess a portion of the servient lot for a specific purpose.

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