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How to extend easement to new piece of property being severed?

Law Asked on August 28, 2021

I’m in Ontario, Canada. I’m looking at purchasing a piece of land behind my parents cottage. I’ll be severing 1-2 acres from a much larger parcel, and because it is behind my parents property there is no official access.

My parents would be perfectly fine with extending the easement/right of way through the corner of their property to get to my parcel, although is this allowed? Or would I need consent from every single person along the existing easement to achieve this?

One Answer

You are in luck!

In Ontario, existing easements transfer to a severed portion.

Bulletin 2005-2, Easements and Releases of Easements, from the Title and Services Office of Ontario answers your question directly in 1.0.3 Division of Dominant Lands:

Upon the severance of a parcel of land, all existing easements appurtenant to the whole, benefit each severed portion.

Note 1: If you are not familiar with the terminology of easement law, the first few paragraphs give a nice summary.

Note 2: My quick search suggests this is the most recent bulletin on easements.

Answered by Just a guy on August 28, 2021

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