How can a property easement affect me as the homeowner?

A property easement can affect the homeowner, or prospective purchaser, in several ways, depending on the nature and location of the easement.

An easement is a legal right that allows someone else to use a portion of your property for a specific purpose. For example, a utility company may have an easement to run power lines or water pipes through your property, or your neighbour may have an easement to use your driveway to access their own property.

Here are some ways that a property easement can affect you as the homeowner:

  1. Limits on use of the affected area: You may be limited in your ability to use the portion of your property that is subject to the easement. For example, if a utility company has an easement to run power lines through your property, you may not be able to build structures or plant trees in that area.
  2. Responsibility for maintenance: You may be responsible for maintaining the portion of your property subject to the easement, even if you cannot use it. For example, if a utility company has an easement to run power lines through your property, you may be responsible for keeping the area clear of obstructions.
  3. Potential liability: You may be liable for any damage or injury that occurs as a result of the easement. For example, if a neighbour has an easement to use your driveway, you may be liable for any accidents that occur on the driveway.

It is important to understand the nature and scope of any easements that affect your property.

If you are unsure how an easement affects you or have any easement disputes please consider contacting the team at Delaney’s Law Firm by phone at 613-233-7000 or by email at info@delaneys.ca. Their real estate team is happy to assist.