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Ontario|Real Estate LawBuying A Home 394 Easements and Covenants Even though you are the legal owner of a property, other people may have legal rights to access your property, or there may be certain restrictions on what you can do with your property.
Rights and privileges over your property given to others are usually called easements or rights of way. Restrictions on your land are called restrictive covenants. Because these rights and restrictions are attached to the land, and not to the owner of the land, they continue to exist over your property even though the property has new ownership.
Easements can arise formally by a written agreement, or they can arise informally by permitted use. For example, if children have been allowed to cut across your property to get to school for a number of years, you may not have the right to build a fence and keep them out. Common easements include rights given to utilities for maintenance of water, sanitary, and storm sewer lines, and rights given to phone companies for telephone line maintenance. Formal easements over your property are normally registered on title at your local land registry office.
A restrictive covenant is a contract which places limitations on what can be done on your property. For example, a subdivision may have a restrictive covenant preventing the storage of any boats or trucks in the driveways, or prohibiting the installment of satellite dishes or clothes lines. Some restrictive covenants are not legally binding, particularly if they are considered arbitrary or contrary to public interest.
Every property has its own set of rights and obligations. A real estate lawyer can help you understand any easements or restrictive covenants affecting your property.
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