Views / Toronto / Legal Matters

Is there an easement on your home's title? It might actually be a good thing

Q: I recently purchased a home and when my realtor looked it up on the system that he uses to research properties, there was a note on file that there was an easement on title. He indicated to me that we should get that removed when my lawyer does her title search and before we close the property. The closing has come and gone but I think the easement is still on title. I am not sure what an easement is and whether this was something my lawyer should have had removed before we closed.

A: Easements are claims against the title to a property that usually allow for the provision of certain services such as hydro, gas, telephone lines and municipal access to your property to perform upkeep and modification of services. There are thousands of them throughout a municipality and usually they are a permanent note on title.

In this case (I called my reader), the easement was access to the property by the municipal authority to deal with any ongoing drainage issues.

This is something that a city will put in place when new subdivisions are developed and usually they are permanent and cannot be removed from title.

They don’t actually detract from the value of the property, they enhance it.

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