Is a right of way always an easement?

A right of way is a type of easement. A right of way may be granted to allow an individual to cross one property in order to reach another property, or to allow for a more convenient point of access. It’s also important to consider the public right of way – known as ‘the right to roam.

Who maintains a right of way?

In the case of a right of way being granted the benefiting party is generally responsible for the maintenance of the right. However, unless the granting document specifies this information then the question of maintenance is one that must be negotiated between the affected parties.

What happens if I block a right of way?

Generally, a right of way is defined as being the legal right to access their property by passing through land or property belonging to someone else. If your right of way is blocked, you can use a reasonable alternative path, as long as you don’t enter onto the land of a 3rd party.

Can you close a right of way?

A: If the extent of a right of way is properly defined, the owner of the land over which the right of way passes cannot alter its route or insist on its removal without the consent of the person who benefits from the right ie. the neighbour above, or some other provisions permitting them to do so.

Can I put a gate across an easement?

The short answer is that yes the land owner likely can close and/or lock the gate across an easement.

What’s the difference between a right of way and an easement?

A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land. This is broader than a gross easement in the sense it does not apply to one specific person.

What kind of easement does a utility company need?

There are some other types of easements that give certain entities the right to engage in certain activities on land: Utility easements are the most common type of easement. These give utility companies the right to use a certain portion of the property for utility purposes.

What are statutory rights of way in BC?

Statutory rights of way are rights that a municipal or industrial user has over certain lands. For example, municipalities often have statutory rights of way over lands for water or sewer uses, and BC Hydro has thousands of kilometres of rights of way over lands for their hydro lines.

How is an easement recorded on a property?

A property easement is generally written and recorded with the local assessor’s office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it. Without getting too deep into legal details, here are the types of easements worth knowing about.