Easements and Rights-of-Way: Sharing Land in Ontario

An easement is a right to use part of someone else's land for a specific purpose, such as a right-of-way over a driveway, or a utility line.

How easements are created

• Registered on title by agreement or transfer.
• Utility easements for hydro, gas or telecom lines.
• In some older cases, by long use (prescription), which is much harder on land in Ontario's Land Titles system.

Common examples

• Shared or mutual driveways
• Access paths to a lake or back lot
• Sewer, water or hydro lines

Rights and duties

• The person who benefits can use the easement only for its purpose.
• The owner of the land can't block or unreasonably interfere with the use.
• Who maintains it depends on the easement's terms.

Common disputes

• Parked cars or fences blocking a right-of-way
• Disagreements about repair costs
• Using a right-of-way for heavier traffic than intended

Before buying

Your real estate lawyer will review easements on title. Ask about any shared driveway or path before you buy.

Sources

• Land Titles Act
• Real Property Limitations Act

Read next: Adverse Possession ('Squatters' Rights') in Ontario

General Ontario legal information, not legal advice for your matter, and reading it does not create a retainer. Sources checked 16 October 2026: check the current law, forms and dates before you act.

Photos from Unsplash: Notice no trespassing on this property sign · hardbound books.

This article is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.