REAL ESTATE LAW
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