Some legal rights and responsibilities come with owning a property in British Columbia, and you must understand them all. As a resident of British Columbia, one thing that can affect your right as a property owner is what we can call an easement. An easement is something that, over the years, has always divided opinions among people that wants to buy property. Some believe that easement is okay. Hence they do not see the big deal in it. Some people also believe that easement can harm their property, especially regarding the use and enjoyment of their land.
In this article, however, we will not only look at what an easement is but also at the effects it could have on your property, the various types of easements, and lastly, how you can remove an easement if the situation demands it.
What is an Easement?
For better understanding, an easement can be seen as a legal right granted to another person or entity by a legal authority to use your land for a specific purpose. We are saying here that if someone is granted an easement, the person can use their land in a certain way. However, it should be noted that an easement only permits someone to use part of somebody’s else property for specific purposes; they do not become the owner of such property.
Easements are usually granted to utility companies, government entities, or neighboring property owners. For example, a utility company might need to access an electrical pole on your land, or you might need to use a part of your neighbor’s property to reach your garage. It all depends on the situation.
What Are The Types of Easements?
There are several types of easements, and in this section, we shall look at some of them:
- Easements for utilities: This easement gives utility companies such as electricity companies, telephone service providers, broadcasting Companies, etc., the right to use part of your land for the benefit of everyone in the community. It should, however, be noted that this easement does not give utility companies the absolute right to do whatever it is that pleases them on your land. The easement only covers things that are beneficiary to the community at large. Lastly, contrary to the common misconception, Utility easements will not affect the value of your property!
- Right-of-way easements: This easement grants someone the right to cross your property to reach their property. For example, if your garage is not easily accessible, you may need to use a part of your neighbor’s property to reach your garage.
- Easements for drainage: This easement caters to water flow in drainages. In that, it gives a person the right to make use of another person’s drainage
- Easements for access: Assuming that someone is trying to gain access to a property that, unless they pass through yours, they won’t get access to such property. This type of situation is exactly what easement of access caters to.
Kindly note that each easement we have briefly discussed above affects property rights differently, so it’s important to understand the terms of any easement on a property before buying it.
How to Know When There’s an Easement On Your Property
When buying a property, you must check if there’s an easement. This assessment is something you can do all on your own. Hence, this section will show you how you can go about that.
- Check the property deed: To check if there is an easement on your property, you should refer to the property deed. A property deed usually indicates if there is an easement on a property.
- Look for signs of an easement: Another solution is to check for utility poles, pipelines, or other physical signs that indicate the existence of an easement on your property.
- Scan through public records: You can also visit your local county to check if they have any recorded easements on your property.
- Lastly, you can ask your new neighbors: This is the easiest way to know if there is an easement on your property. All you have to do is ask your neighbors for information (since they’ve lived in that area longer than you) If you have concerns about an easement affecting your new property.
What are the Consequences of Having an Easement on Your Property?
Having an easement on your property can have several consequences, they include:
- Limitations on using your property: One of the negative impacts an easement can have on your property is that it can limit how you use your land/property. For example, if a utility company erects a communication tower on your land, it will take much land, thus limiting how you use your land.
- It may or may not affect the value of your property: We are sitting on the fence here because only some easements can affect the value of your property. For example, your neighbor using your property to reach his garage will not reduce the value of your house. The only time the value of your property could pummel as a result of this is when the Utility company installs heavy machinery on your property.
- Maintenance and repair costs: You may be responsible for the maintenance and repair of the easement, which can be costly.
How to Remove an Easement from Your Property
If, after buying a property, you realize that an easement is affecting you negatively, then you should have it removed. So, below are ways you can have an easement removed from your property:
- Negotiate with the easement holder: if you need to remove an easement from your property, you should consider talking to the easement holder.
- Seek legal advice: If the negotiation doesn’t materialize into anything significant, you should contact a real estate attorney for guidance on removing the easement.
- Buy the easement: You may not know this, but you can buy an easement from the holder to remove it from your property. This method is less cumbersome but will cost you much money.
- Terminate the easement: You can terminate it if it is no longer used for its intended purpose.
It should be noted that not every easement can be removed. For example, utility easements such as power lines, telecommunication towers, etc.
CONCLUSION
An easement is a legal right that can affect how you use your property. It is important to be aware of any easements associated with your land and understand how they may impact you or your use of the property.
If you need help understanding how an easement might affect you or you need help dealing with an existing one, Saanichton Law Group can provide quality legal advice. We have extensive experience working with clients in BC and can help you navigate the complexities of easements on your property. Contact us at 2505440727 today for more information or to get started protecting and managing your rights as a property owner.
