What Are Easements on Properties?

Easements are legal rights granted to someone to use another person’s land for a specific purpose, even though they do not own the land. These rights are typically outlined in property deeds or contracts and can significantly impact how landowners use and develop their properties. Here are the common types of easements found on properties:

1. Utility Easements: These easements allow utility companies (such as electricity, water, or telecommunications providers) and private individuals to access and maintain their infrastructure located on private property. For example, a utility easement might allow a utility company to install and maintain power lines or water pipes across a property.
2. Access Easements: Access easements grant rights of way or pathways across one property to reach another property or a public road. This type of easement ensures that landlocked properties have legal access to public roads without having to cross other private properties.
3. Driveway Easements: Similar to access easements, driveway easements allow property owners to use a shared driveway or roadway to access their properties. These easements specify the shared use and maintenance responsibilities of the driveway among multiple property owners.
4. Conservation Easements: Conservation easements restrict certain uses or developments on a property to protect its natural or cultural resources. These easements are often voluntarily created to preserve open spaces, wildlife habitats, or historical sites.
5. Right of Way Easements: Right of way easements grant specific individuals or entities the right to travel through or across a property for a specific purpose. This could include pathways, footpaths, or vehicular access rights.
6. Light and Air Easements: Light and air easements protect a property owner’s right to receive light and air through specified openings (such as windows or balconies) without obstruction from neighbouring properties.

Easements are legally binding and typically remain attached to the property, regardless of changes in ownership. It is crucial for property buyers and owners to understand any existing easements on a property as they can affect future development plans, property value, and land use rights. When buying or selling a property, conducting a thorough title search and consulting with legal professionals can help identify existing easements and understand their implications.