REAL ES­TATE LAW

Ottawa Sun - New Homes - - HOMES -

In pre­vi­ous ar­ti­cles we have dis­cussed mu­nic­i­pal zon­ing by-laws and re­stric­tive covenants and how they can present lim­its on your use of your prop­erty. In this ar­ti­cle we will take a brief look at ease­ments and how they can im­pact prop­erty use.

An ease­ment, or right of way, is a right of use over the prop­erty of an­other. It al­lows the owner of a par­tic­u­lar piece of land to ac­cess land be­long­ing to a dif­fer­ent owner for a par­tic­u­lar pur­pose. Ease­ments are gen­er­ally es­tab- lished as an im­prove­ment to land or to make the land more con­ve­nient. In le­gal terms, the par­cel of land that en­joys the use or ben­e­fit of the ease­ment is called the “dom­i­nant ten­e­ment”; the par­cel of land that that the ease­ment runs through is called the “servient ten­e­ment”. If both the servient and the dom­i­nant ten­e­ments are bought by the same per­son, the ease­ment dis­ap­pears, and is said to have merged. Ex­cep­tions to the need for a dom­i­nant ten­e­ment arise when deal­ing with ease­ments

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