How to Prevent and Resolve Property Easement Disputes In Ontario
Easement disputes are a common issue for property owners in Ontario. An easement is a legal right that allows someone to use another person’s land for a specific purpose. A good example would be on a property where a driveway is made a legal easement to access a property that is landlocked or further inland away from the main roads. Unlike a simple permission that can be revoked at any time, an easement remains in place even if the property is sold to a new owner. Because easements affect how land can be used, they can influence property values and lead to disputes between neighbours when they aren’t clearly outlined or the boundaries understood.
If you have a property that requires clarification regarding the existence of a legal easement and its location, our experienced lawyers at Gionet Fairley Wood LLP are happy to review the details for you. Here are a few key items you’ll want to be aware of before building your case.
Types of Property Easements in Ontario
There are different kinds of easements, each with its own rules and implications. If you have an easement on property you own or intend to purchase, it is essential to work with an informed real estate lawyer to understand what your rights are before you are involved in a dispute.
Express Easements These are created through a written agreement between property owners. The agreement clearly outlines the purpose of the easement, where it is located, and how long it will last. This type of easement provides certainty for both parties.
Implied Easements Sometimes, easements are not written down but are necessary based on how a property is divided. For example, if a landowner sells part of their property and the only way to access the new lot is through the original property, an implied easement may be recognized.
Prescriptive Easements These easements can develop over time when someone uses another person’s land openly and continuously for at least 20 years without permission. You should note that proving a prescriptive easement can be challenging, and property owners often dispute them.
Easements Appurtenant These easements are tied to a specific property and benefit whoever owns it. A common example is a right-of-way that allows access to a road.
Easements in Gross Unlike other easements, these are not linked to a specific property but are granted to a person or company. Utility companies, for example, often have easements in gross to maintain power lines or pipelines on private land.
How Property Easements Are Created and Ended
Most easements are created through a written agreement, but they can also be established through long-term use (prescription) or necessity (implied easements). In some cases, a landowner selling part of their land may reserve the right to keep using a portion of it, creating an easement by reservation.
Easements can be terminated in several ways:
Mutual Agreement: Both parties agree to end the easement.
Merger: If the same person comes to own both properties involved in the easement, it is no longer needed.
Abandonment: If the easement is not used for a long time and the owner shows an intent to give it up, it may be terminated.
Expiration: Some easements are set for a fixed period and end automatically when the time is up.
Easements and Property Titles
Easements are recorded on the title of the property they affect. When buying property, your real estate lawyer will do a title search that can reveal if there are any existing easements that might impact how the land can be used. It is important to be aware of these before purchasing a property and get advice from your legal advocate if you intend to challenge one.
Easements and Land Use Regulations
Ontario’s Planning Act governs land use and so you may require official approval before creating or changing an easement. This ensures the easement does not conflict with zoning laws or disrupt neighbouring properties. Working with a real estate lawyer to understand these regulations can help property owners avoid litigation if a dispute arises with neighbouring landowners.
Common Property Easement Disputes
Easement disputes can arise over a variety of issues, including:
How the Easement Is Used: Disagreements over whether the easement is being used properly.
Obstructions: A property owner blocking access to an easement, such as putting up a fence.
Maintenance: Arguments over who is responsible for upkeep.
Encroachments: Building structures or planting trees that interfere with the easement.
Disputes can often be resolved through negotiation or mediation, but in some cases, legal action may be required. Having a well-drafted easement agreement can help prevent conflicts before they arise so consulting with a skilled real estate lawyer is essential.
Be Sure To Have a Clear and Legally Documented Easement Agreement
Easements exist to protect property rights, ensuring landowners can reasonably use their property while allowing access for essential services. Easement disputes can be complex, but knowing your rights can help prevent conflicts. A well-drafted easement agreement should clearly define the parties involved, its purpose, location, usage limits, maintenance responsibilities, and dispute resolution mechanisms. A practiced real estate lawyer can help draft or interpret these agreements to prevent costly misunderstandings and ensure your rights are protected.
Know About Easements If You Are Developing A Property
If you are planning to build on land with an easement, it is essential to know how it might affect your project. A utility easement could restrict where you can place buildings, while a conservation easement might prevent development entirely. Checking for easements before starting a project, and working with a legal advocate to see how they can be challenged, can help avoid costly surprises.
Are You Facing A Property Easement Dispute? Consult With Our Experienced Real Estate Lawyers To Work Towards A Solution
Easements exist to protect property rights, ensuring landowners can reasonably use their property while allowing access for essential services. Easement disputes can be complex, but knowing your rights can help prevent conflicts. If you are facing an easement issue, the experienced real estate lawyers at Gionet Fairley Wood LLP can help.
With over 20 years of experience in Barrie, Simcoe County, Grey County, and surrounding areas, we offer trusted legal advice and representation for all easement disputes. Contact us today to protect your property rights.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.