In short
You still own the land, but they have the right to use it for that purpose.
Registered easements stay with the property when it's sold.
How easements work in Ontario
An easement gives someone else a legal right to use part of your land for a specific purpose. You still own the land, pay the taxes on it and can usually use it yourself, as long as you don't interfere with their right.
Common examples include a utility company's right to run hydro, gas or telecom lines, a shared driveway between semi-detached homes, a right of way to reach a back lot, and drainage easements in newer subdivisions.
Some easements benefit a neighbouring property, like a shared walkway between two homes. Others benefit a company or the City, like a hydro or drainage easement. Either way, the terms are set out in the registered document.
Registered easements stay with the property
Most easements are registered on the property's parcel register in Ontario's Land Titles system. A registered easement generally runs with the land, which means it binds every future owner, not just the person who agreed to it.
Under Land Titles, new easements generally can't be created just by long use. Older rights that existed before a property was converted to Land Titles can sometimes still be claimed, so your lawyer will look for any qualification on the register.
Why it matters before you buy or build
An easement can limit where you put a fence, pool, deck, garage or addition. Building over a utility easement can mean the structure has to come down if the utility needs access.
Your lawyer will flag easements found in the title search. A survey, if one is available, often shows where they sit on the lot.
Shared driveways are common in Ottawa semis and townhouses. Ask how the easement handles snow clearing, repairs and parking before you commit.
If you're unsure whether a shed, fence or addition would sit inside an easement, ask your lawyer and the easement holder before you build. It's far cheaper than moving a structure later.
Common questions about easement
Does an easement transfer when a property is sold in Ontario?
Yes, a registered easement usually transfers with the property when it's sold. It runs with the land, so it binds the new owner just as it bound the old one. Your lawyer will point out any registered easements during the title search.
Can I build over an easement?
Usually not without risk, because the easement holder keeps the right to use and access that part of the land. Building over a utility easement can mean the structure has to be removed at your cost if access is needed. Check the easement terms and the City's permit rules first.
How do I find out if a property has an easement?
Check the property's parcel register, which lists registered easements, and review a survey if there is one. On a purchase, your lawyer does this as part of the title search. Some older rights may not be obvious, so ask your lawyer about anything unusual on the register.
Can an easement be removed?
An easement can sometimes be removed, usually by agreement with the person or company who benefits from it, followed by registering a release on title. Without agreement, it may take a court application. A real estate lawyer can review whether removal is realistic.
Sources
General information for Ontario, updated October 2026. Not legal, tax or mortgage advice. Rules change, so confirm with your lawyer, lender or the source above before you rely on it.