What's happening?
An easement gives someone the right to use part of a property for a defined purpose, such as a shared driveway, drainage line or access to services, without transferring ownership of that land. Easements can be created when land is subdivided, negotiated between neighbours, or already exist on a title you're looking to buy.
What could it mean for me?
- Easements can restrict building or landscaping over the affected area
- Buyers should understand any easements before purchasing a property
- Creating a new easement generally requires formal documentation and registration
- Disputes can arise where an easement's use or extent is unclear
What are my options?
- Have title searched for existing easements before buying
- Negotiate the terms of a new easement carefully if one is proposed
- Seek advice if there's a disagreement about how an easement is being used
What happens next?
- Review the title and any existing easement documents
- Discuss the purpose and proposed terms of any new easement
- Prepare or review documentation
- Register the easement where required
How can MGE Lawyers help?
We advise on the creation, interpretation and registration of easements, and can assist where a dispute arises over how an easement is being used.