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Understanding Right of Way and Easement

When looking at a property, there are two notations that you might notice on title. One is a right of way and the second is an easement, both of which are terms often used interchangeably. However these two terms have different meanings when it comes to the use of your property.

Most properties in town have right of ways registered on title. This allows the installation of services like water, gas and cable on your property and neighbouring properties. These access points can be found anywhere on the property, but are usually found along the front of the property closest to the street. On the title of said property you will see exactly where the right of way is found and what the restrictions involved are. Having a right of way on your land is generally not an issue and will not limit the use or enjoyment you have of your property. That being said, it is good to be aware of the right of way restrictions, especially when it comes to building a shop or another building on your property – these may encroach on the right of way.

Easements are the second most common note found on title of homes in urban areas. An easement gives someone the right to cross your property for access. This is commonly seen when properties have a shared driveway. Again, easements are not detrimental to the use of your property; however there may be restrictions that you should be aware of before making your purchase. 

There is no need to panic when an easement or right of way is listed on the title of a property. It’s important to review the title and any accompanying documents to ensure you are making an informed decision about buying a property with an easement or right of way. Of course we are always happy to guide you through this process and help you make the best choice for you and your family! 

If you are looking for real estate professionals to assist you in finding your dream home or selling your current home we are here to help! With our combined experience and expertise we make it our goal to make your home buying and selling experience as seamless and stress-free as possible! We’d love to hear from you, give us a call or visit the contact us page of our website for more details!

MLS® property information is provided under copyright© by the Vancouver Island Real Estate Board and Victoria Real Estate Board. The information is from sources deemed reliable, but should not be relied upon without independent verification.