What you should know about easement when purchasing or selling a property

An easement has been defined as a right that one entity has over the land of another. This can be the right to do something on the other's land or the right to prevent the land owner from using land in a certain way.

Minor easements make up less than five to seven percent of a property and are found on the front, side or rear of a property. They may include space that allows utility companies access to complete repairs to their equipment.

Buyers: Some purchasers may plan to dig, make hard landscaping or erect garages/sheds on the property after possession. Always ask if there are any easements on the property and for their exact location. Even minor easements may interfere with your ability to use your land as you have planned. Be informed of all title defects on your property.

Sellers: Always remember to disclose all easements and title defects in the agreement of purchase and sale and listing agreement. Check the legal description of your deed and read the reporting letter you received from your lawyer when you bought the property. Also check for title defects in a recent survey.

In Toronto, the Seller is not obligated to provide a survey upon the sale of the property. An alternative way to find out whether there is an easement or right-of-way on a property is to check the deed of ownership, which will often be descibed. Any members of the public can visit the Land Registry Office to locate and view these documents with a small fee.