Encyclopedia
Easement
A right to use part of someone else's land for a specific purpose, such as access, registered on title.
For example: A buyer sees an access easement on title and checks how it affects parking. (Illustration only, not a real deal.)
Official source: Land Title Act (BC Laws)
Example only, not a real client. Say you own a small industrial building whose only rear loading access runs across a neighbour’s lot. An easement on title protects that access, so when the neighbour sells, your trucks keep using the lane without a new agreement.
What I’d tell a friend
Check easements on title both ways: those that help your property and those that limit it. Read the actual document, not just the summary.
Why it matters to you
It gives someone else rights over part of the property. That can limit where you build, park or load.
How to use it in your deal
Buyers should read every easement on title, including the plan and agreement, and check how it affects access, parking, loading, fencing and redevelopment. Some easements require sharing maintenance costs. Easements that benefit your property matter too, since your access might depend on them. Lenders and appraisers look at easements.
Changing or removing one usually needs the other owner's agreement or a court order. Tenants should know easements affecting their premises. Owners planning to build should check easement areas early, since a driveway easement in the wrong spot can shape a whole site plan. Old easements sometimes describe uses that no longer happen, and a lawyer can advise whether they can be discharged.
Ask the seller whether there have been disputes with the neighbour about the easement; disputes over parking and blocked access are common and don't show on title. Walk the easement area and compare it with the plan before subject removal.
Mistakes I see
Not reading the agreement. Ignoring maintenance obligations. Building in the easement area.
In BC and Vancouver
The Land Title Act governs registration; documents are available from the Land Title and Survey Authority (LTSA).
Official sources: Land Title Act (BC Laws) · Land Title and Survey Authority of BC
What it is
An easement gives one property the right to use part of another for a specific purpose, such as access, parking or utilities. It is registered on title and usually runs with the land, so it continues when either property is sold.
It can benefit your property, such as secure access, or burden it, such as a neighbour’s right to cross your land.
What to check
Read the easement document to see exactly what it allows, where it runs, who maintains it and who pays for repairs.
Ask your lawyer how it affects your plans, especially if you want to redevelop or change how the property is used.
Questions to ask before you sign
- Where is the easement?
- What does it allow?
- Who maintains it?
- Can it be changed?
Keep reading
Related terms: Statutory right of way (SRW), Covenant (title), Title search
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General information for British Columbia only. It isn’t legal, tax, accounting or financial advice, laws and rates change, and reading it doesn’t make you my client. Any numbers or scenarios are hypothetical. Check the linked official source and talk to a lawyer, accountant or other qualified professional before you act or sign anything. See the terms and disclaimer.