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Canadian Mortgage Glossary · Closing & Legal

Easement

Definition

An easement is a registered right allowing someone other than the property owner to use a defined part of the land for a specific purpose — such as a utility line, shared driveway, or right-of-way — that continues to bind the property no matter who owns it.

Also known as: right-of-way Updated: August 2, 2026 Reviewed by the Treadstone underwriting desk
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Do easements found during a title search affect a mortgage file?

Easements show up routinely on a title search or real property report, and most — a standard utility easement along a property line, for example — have no effect on financing at all. They're a normal, expected part of how registered land works in Canada.

Problems arise when an easement is unusual: one that restricts where a structure can be built, limits access to part of the lot, or otherwise materially affects the property's use or value. In those cases, a lender may ask for more information before removing a financing condition, and title insurance can sometimes protect against certain undisclosed easement-related issues discovered after closing.

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How it’s used in Canada

Registered under provincial land systems: easements are registered through each province's land titles or registry system (for example, Ontario's electronic land registry or Alberta's Land Titles system) and run with the land.

A right to use, not a promise: an easement grants someone a right to use part of the land for a stated purpose, which is different from a restrictive covenant (a promise about how the land may be used) or an encroachment (an unauthorized physical intrusion).

Usually financing-neutral: routine utility and municipal easements typically don't affect a lender's willingness to finance a property, unlike ones that restrict building placement or access.

Title insurance can help: some title insurance policies cover losses arising from certain easement or encroachment issues that weren't disclosed at the time of closing.

Sources

  1. 1.Government of British Columbia — Land Title Act bclaws.gov.bc.ca
  2. 2.Financial Consumer Agency of Canada — Choosing a mortgage canada.ca

Definitions reflect Canadian federal and provincial rules as of the “Updated” date above. Not advice for any specific file.

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