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What is an easement or right-of-way? rightsofway

An easement* or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner’s property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner’s use of the affected portions of land.

For example, if you own property and a utility company has a main gas line passing under your land, it is likely that they will have a registered easement that will guarantee them access to the line and restrict uses or activities that would hamper such access or cause safety concerns.

Easements and rights-of-way are usually registered on the certificate of title to the property. They remain with the land and are automatically transferred from one owner to another as the land is sold. Easements remain on the title until the holder of the easement discharges their rights from the certificate of title.

An easement or right-of-way usually describes a particular portion of property, and although not visible on the ground, provides an area of access to the holder of the easement or right-of-way.

Easements and rights-of-way are very common. Most urban and many rural properties are subject to easement or right-of-way agreements.

 

This information above was obtained from the Alberta Land Surveyors' Association Website:

http://www.alsa.ab.ca/publicinformation/easementsandrightsofway.aspx

 The Association has prepared a brochure to help you understand easements and rights-of-way.

http://www.alsa.ab.ca/Portals/0/PDF/Public/Easements/Understanding_Easements_and_Rights-of-Way_2010.pdf

You can contact the Alberta Land Surveyors' Association at:

780-429-8805 or 1-800-665-2572 (Toll Free)

 

This is a general guide and has no legal status. It cannot be used as an official interpretation of the various bylaws and policies currently in effect. The City of Grande Prairie accepts no responsibility to persons relying solely on this information.

Last updated: 3/7/2018 2:31:06 PM