An easement can give another person, utility or property a legal right connected to land you own. That does not necessarily make the property undesirable, but buyers should understand an easement before purchasing rather than discovering its practical effect afterward.
What is an easement?
In general terms, an easement is a legal right allowing specified use of land without transferring ownership of that land to the easement holder.
The actual rights depend on the registered instrument and applicable law, so the wording must be reviewed rather than inferred from appearances.
Common examples
Ontario properties can be affected by easements associated with utilities, drainage, shared access, driveways and other purposes.
Some are routine and have little day-to-day impact. Others can materially affect how part of the property is used or developed.
Utility easements
A utility easement may allow infrastructure or access for services such as electricity, gas, telecommunications, water or sewer facilities. Buyers planning pools, additions or other improvements should investigate whether an easement affects the proposed location.
Shared driveways and access rights
A driveway can involve rights benefiting neighbouring land or burdening the property being purchased. Do not rely solely on who appears to use or maintain the driveway. Have your lawyer review registered rights.
Can you build on an easement?
Do not assume you can. The answer depends on the easement, proposed construction, municipal rules and the rights of the parties involved. If your purchase depends on constructing something in an easement area, investigate before committing.
How do buyers discover easements?
Your Ontario real-estate lawyer’s title review is an important part of identifying registered interests affecting the property. Existing surveys may also help show the physical location of certain easements, depending on the document.
What should you ask your lawyer?
- What easements or rights-of-way are registered on title?
- Who benefits from them?
- Which part of the property is affected?
- What rights does the other party have?
- Could the easement interfere with my intended use?
- Are there maintenance obligations or related agreements?
- Do I need a survey or further professional advice?
Easement vs. encroachment
These terms are not interchangeable. An easement is a legal right concerning use of land. An encroachment generally involves a physical feature extending onto or over another property or area. Either situation can require legal and surveying analysis.
Easement vs. right-of-way
A right-of-way is commonly a type of easement involving passage or access. The exact legal rights still depend on the registered documentation.
Why this matters before you buy
An easement may be completely acceptable if it does not interfere with your plans. The problem is buying first and learning later that the pool, garage, fence, addition or access arrangement you expected is inconsistent with existing rights.
Bottom line
Easements are common enough that their existence alone should not cause panic. They should, however, be understood. Review title with your lawyer, use a survey where physical location matters, and investigate intended future uses before making assumptions about what can be built or changed.
A practical easement review before an offer becomes firm
- Describe your intended use. Tell your lawyer if the driveway, pool location or future addition is essential to your purchase.
- Request the relevant documents. Ask for the registered instrument and any plans or agreements needed to explain the right.
- Locate the affected area. Ask whether survey work is needed to relate the documents to the ground.
- Check ongoing obligations. Ask about access, repair, maintenance and any costs identified in the documents.
- Resolve unanswered questions. Work with your lawyer and REALTOR® on appropriate due diligence before committing to assumptions.
Does a visible driveway prove a right to use it?
No. Appearance and past use alone do not explain the legal rights affecting a particular property. Ask your lawyer to investigate the access arrangement and any issues that require more than a title search.
Research other public property records
An OHI Property Passport organizes available public-source property checks and official verification links for a matched address. Coverage excludes title searches and legal easement confirmation; use registered documents and professional review to understand easement rights.
Available for Niagara Falls, St. Catharines, Welland, Toronto, Fort Erie, Port Colborne and Burlington. Preview the screening counts free; full reports are $29.95 CAD per property.
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Sources and further reading
Sources checked September 11, 2026. Featured photo by Sibte Arif on Unsplash. Photo is illustrative.
This article provides general Ontario real-estate information and is not legal or land-surveying advice. Easement rights are property-specific and should be reviewed by an Ontario real-estate lawyer.