Can a Utility company, like Bell or Enbridge, Really Come onto My Property?
Yes, if there is an easement on the title of your home, utility and service providers can legally enter onto the property without your permission.
What Rights do I have as the Property Owner?
Technically, you still own the portion of land subject to an easement, however, a property owner with an easement is prohibited from building any structures on the easement and must avoid obstructing it in any manner. This includes erecting fences, sheds, pools, as well as landscaping elements such as bushes, hedges and flower beds that limit access to the easement.
What Rights Do Utility and Service Companies Have When it Comes to Easements and My Property?
A utility easement gives utility workers the perpetual right to enter onto your property without notice for the installation, maintenance, and repair of their infrastructure.
Can I Tell Utility Workers to Get Off My Property?
Service workers have the legal right to access a utility easement at any time. You may request that the workers come back at another time, however they are not legally required to leave at your request.
How Can I Stop Utility Service Workers from Coming onto My Property?
If you have a utility easement on your property, there are little options to prevent service workers from accessing your property. Violating easement restrictions may legally obligate the property owner to remove any entity that obstructs access to the easement.
What Is a Utility Easement?
A utility easement is a legal right that allows utility companies (gas, hydro, and service providers) to access and use private property for the installation, maintenance, and repair of their infrastructure. The purpose is to ensure that utility providers can access their facilities without obstruction, even if the property changes ownership.
How Can Homeowners Check if Their Property Has a Utility easement?
Homeowners can check their property's legal description. If the description includes "S/T" (SUBJECT TO), it indicates another party's legal right to access the property. You can also check out your property page on our website where our easement counter will inform you to the presence of any easements on your property.
How Can Homeowners Obtain Information about Easements on Their Property?
Homeowners can obtain a Land Survey Plan of their property from Protect Your Boundaries website. By regulation, all legal survey plans (SRPR’s) must show the location of any easements affecting the subject property.
You can also obtain a BoundaryPlus Easement Report, this includes a copy of the property’s Parcel Register, original easement documents, and a plain English description of the easement(s).
Why Is There a Utility Easement on My Property?
Utility easements are granted through deed or contract and are written into the title and legal description of your home to allow service workers to enter onto your property legally.
Why is It Essential to Be Aware of Utility Easements Before Purchasing a Property?
Easements permanently affect land use and can have costly consequences. Obtaining a survey plan before purchasing a property is crucial to understanding and avoiding potential issues.