Easement

An easement involves giving someone the right to use or go through a part of your property, even though they don't own it.

What is an easement? 

An easement involves giving someone the right to use or go through a part of your property, even though they don't own it. It allows someone else, like a neighbour or a utility company, to access or use a specific area of your land for a particular purpose, such as walking through or installing power lines. 

What are some examples of easements? 

Some common easement examples include: 

  • Utility easement: a utility company may have an easement on your property, allowing them to install and maintain water pipes, or other utility infrastructure.
  • Driveway easement: if a portion of your land is used as a driveway to access another property.
  • Easement for maintenance: for instance, if your neighbour needs to access a part of your land to repair a fence or maintain a shared structure.
  • Solar access easement: in areas where sunlight is crucial, a property owner might grant a solar access easement to prevent nearby structures from blocking sunlight to their solar panels.

What is an implied easement? 

An implied easement is not explicitly written or stated in a legal document but is assumed or inferred based on common law and circumstances of the parties involved. 

This can often be seen in battle-axe lots, a land configuration where a property is situated behind another property, and access to it is through a narrow strip of land or driveway. In this case, it is implied that the owner must cross the front driveway (belonging to the other owner) to access their home.

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