Easements give one Property Owner Certain Rights over the Property of Someone Else

A deeded easement (meaning one that is in a written agreement and tied to a specific lot of land), gives the owner of the dominant parcel of land the right to do certain specific things over or on the land of another nearby parcel. However, because an easement necessarily is burdening someone else’s land, the courts will always read the easement in as narrow a light as possible to minimize the impact on the other person’s land. 

Unclear language in an Easement can cause it to be deemed Void for Vagueness

Further, if any element of an easement is found to be too vague, the easement itself can be deemed invalid. For those two reasons, if you are negotiating an easement to benefit yourself, it is critical that the easement is drafted properly.

Four Important Elements to consider to ensure you get the benefit you intend with your Nova Scotia Easement:

1. Location – it is critical that the specific location is identified on the parcel you intend to burden. “Over the existing road” is not idea as over time the road may grow in or be rerouted and may cause confusion over where your access point is.

2. Timing – are you allowed to access the easement whenever you want or only during certain times of day or year? Is there a limit on the frequency?

3. Type of access –Pedestrian? Bike? Animal? Vehicle? Are their limits on the number of each?

4. Upkeep & Maintenance – are you or the burdened property owner required to maintain the easement, or merely allowed to if either of you so choose. Who is responsible for payment?

If you have any questions about this subject, you can call us at (902) 826-3070 or email us at info@highlanderlaw.ca to set up a meeting with one of our lawyers at our Tantallon law firm. You can also schedule a no commitment Issue Review Consult for $250+HST where you have the opportunity to explain your situation to a lawyer and get basic advice before deciding whether or not you'd like to retain us.  

By: Dianna M. Rievaj - Founding Lawyer

 The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Nothing contained on this blog is legal advice or constitutes a legal opinion. While it is our goal to provide information which is current, legislative changes and court decisions, among other matters, may result in some information no longer being current or accurate. You should consult a lawyer before relying on any information. The views expressed herein by individual contributing lawyers posting entries to the blog are solely those of the authors and should not necessarily be attributed to or considered representative of the firm of Highlander Law Group Lawyers