Easements in Ontario: what buyers need to know

Summary: An easement is a registered right that lets another party use part of your land for a defined purpose, such as a utility corridor, a shared driveway, or a right of way. It runs with the land, so it passes to you on closing. Read the instrument before you buy.

Easements turn up on a large share of Ontario titles, in older city neighbourhoods and new subdivisions alike. Finding one during your title search is normal. The real question is narrower: does it interfere with what you actually plan to do with the property?

What is an easement in Ontario?

An easement is a legal right for one party to use part of another owner's land for a specific purpose. The land that benefits is the dominant tenement; the land that carries the burden is the servient tenement. You still own the affected strip, but you cannot build on or block it freely.

That last point is where easements get confused with two neighbouring ideas. An easement is not the same as a restrictive covenant or a licence, and the difference decides whether the right binds you at all.

How does an easement affect a property you're buying?

A registered easement runs with the land, so it does not end when ownership changes. It transfers to you automatically on closing, along with whatever limits it places on the affected area.

In practice that has real consequences for what you can build or change:

• Shared driveway or access easement. A neighbour may have the right to cross or use part of your driveway, which can limit parking, fencing, or landscaping in that strip.

• Utility easement. A utility or municipality can keep a corridor clear for lines or pipes, often ruling out a garage, deck, or addition within it.

• Drainage easement. Regrading, fill, or structures that obstruct water flow may be prohibited across the corridor.

• Something already built in the corridor. If a prior owner put a shed or pad inside the easement band, the holder can usually require access and, in some cases, removal. Get it noted on a survey and ask your lawyer to assess it before closing.

If a seller says an easement "has never been an issue," that does not change your position. The registered instrument controls, not anyone's informal understanding.

What types of easements are there in Ontario?

Ontario easements differ by how they are created and what they allow. Knowing the type tells you where to look for it and how firmly it binds the land.

• Express easement. Created by a written, registered agreement that states the purpose, location, and limits. This is the most common type for residential buyers.

• Prescriptive easement. Acquired through long, continuous, open use without the owner's permission. Because most Ontario land is now in the Land Titles system, where the Land Titles Act blocks new prescriptive claims, these are rare on modern titles and hard to prove.

• Easement by necessity. Implied when a parcel has no access to a public road except across neighbouring land.

• Right of way versus utility easement. A right of way is one kind of easement — a right to pass over your land — while a utility easement is a right to install and maintain infrastructure. They permit different activities, so the wording matters.

How do you find an easement on title?

Easements are recorded on the property's parcel register, which you reach through OnLand, Ontario's online land registry access service. Pull the register and the underlying instrument before you remove conditions.

1. Get the PIN (Property Identification Number) or address. Your agent or lawyer can provide it.

2. Run a property search on OnLand. Search by PIN, address, or registration number.

3. Review the parcel register. It lists every registered instrument, including transfers, mortgages, and easements, with a short description of each.

4. Order the instrument document. The instrument PDF sets out the purpose, location (often tied to a deposited plan), permitted activities, width of the easement band, and any maintenance terms.

With the instrument open, work through what actually limits you:

• Location and width. Where does the band sit, and does it overlap anything you plan to build?

• Purpose. Access, buried utilities, overhead lines, or drainage; the purpose defines what the holder may do.

• Restrictions. Most utility and drainage easements bar permanent structures; access easements bar obstructions.

• Maintenance and entry. Who maintains the area, and when can the holder enter?

Pair the instrument with a survey (a Surveyor's Real Property Report, or SRPR) so the legal description maps onto the actual ground.

Can an easement be removed in Ontario?

Sometimes, but only through a formal, registered process. A registered easement stays on title until it is released, and it does not lapse on its own just because no one uses it.

Releasing one generally uses a Transfer, Release and Abandonment (TREL), and typically needs the consent of both the dominant and servient owners before it is registered. A prescriptive easement is fact-specific and often contested, so if you suspect an unregistered one, raise it with a real estate lawyer before you commit.

Frequently asked questions

Can I build on an easement in Ontario?

Usually not. Utility and drainage easements typically prohibit permanent structures within the band, and access easements prohibit obstructions. The controlling answer is in the wording of the registered instrument, so read it before planning any build.

Do easements expire in Ontario?

Not on their own. A registered easement stays on title until it is formally released and that release is registered. A termination date applies only if the instrument itself includes one.

Is the land under an easement still mine?

Yes. You own the servient land; the easement only grants another party a defined right to use part of it. Ownership and the right to use are two different things.

What's the difference between an easement and a right of way?

A right of way is one kind of easement, specifically a right to pass over someone's land. "Easement" is the broader category that also covers utility, drainage, and support rights.

What happens if an easement wasn't disclosed?

Registered easements sit on the public parcel register, and buyers are expected to search title. If one materially affects your use and surfaces late, your title insurance may respond, depending on the policy. Speak with your lawyer about your options.

Does an easement lower property value?

It depends on the type and location. A minor utility easement along a lot line rarely matters; an access easement across a backyard can. The impact comes down to how much it limits your intended use.

About the author

Joel Fox is a co-founder and COO at Ownright. He helps run the firm's day-to-day work on Ontario residential closings, refinances, and sales, and writes regularly to demystify the parts of a transaction that most homeowners only encounter once or twice in their lives.

At Ownright, we focus entirely on Ontario residential real estate law, helping buyers with purchase closings, refinances, and sales. Our licensed Ontario lawyers review your title and walk you through every registered instrument, including easements, on a fully digital platform. You can start your closing online or get in touch with any questions.

Legal references: Real Property Limitations Act, RSO 1990, c L.15; Land Titles Act, RSO 1990, c L.5; Registry Act, RSO 1990, c R.20; Ontario, "Releasing and Deleting Easements" (registration guidance).

Important note: This article is not legal advice. No one should act, or refrain from acting, based solely on the information in this post or any linked materials without first seeking appropriate legal or professional advice.