When you’re buying or selling a property in British Columbia, one of the things that may show up on title is an easement.

For most people, that word does not mean much at first. It sounds technical, and in many cases, it is easy to skip over. But easements can matter.

They can affect how a property is used, what another party is allowed to do on the land, or what the owner is restricted from doing.

The main thing to understand is this. An easement is not just a casual agreement between neighbours. If it is properly registered on title and attached to the land, it can continue to affect the property even after ownership changes.

What Is an Easement?

An easement is a legal right connected to land.

In simple terms, it usually allows one property owner to use part of another person’s land for a specific purpose, or it restricts how another owner may use their own land.

Common examples include:

• A shared driveway

• Access over a neighbour’s property

• Utility service access

• Drainage rights

• Restrictions that protect access, support, light, or another recognized land interest

In most traditional easements, there are two properties involved.

The property that benefits from the easement is called the dominant tenement. The property that is burdened by the easement is called the servient tenement.

Those are legal terms, but the concept is fairly simple. One property receives the benefit. The other property carries the burden.

What Is a Positive Easement?

A positive easement gives someone the right to do something on another person’s land.

For example, a neighbour may have the right to drive over part of your property to access their own property.

Another example could be the right to place, access, or maintain certain improvements that benefit a neighbouring parcel, depending on the exact wording of the registered document.

The key point is that a positive easement allows active use of land owned by someone else.

What Is a Negative Easement?

A negative easement works differently.

Instead of giving someone the right to physically use another person’s land, it restricts what a property owner can do on their own land.

For example, an owner may be restricted from building in a way that blocks light to a neighbour’s window, or from removing support near a property boundary.

In British Columbia land title practice, negative easements are commonly endorsed as restrictive covenants.

The practical point is this. A negative easement does not usually give someone the right to walk on, drive over, or physically use the land. It limits what the owner can do with the land.

Positive Easement Does Not Mean Positive Obligation

This is where the wording can get confusing.

A positive easement allows someone to do something on another person’s land. But that does not automatically mean the owner of the burdened property has a positive duty to maintain, repair, improve, or pay for the easement area.

For example, if your neighbour has the right to use a driveway over your land, that does not automatically mean you are responsible for maintaining that driveway for them.

The answer depends on the actual registered document and whether any maintenance or cost-sharing obligation is enforceable against future owners.

In general, a personal covenant may create obligations between the original parties, but that does not always mean the obligation runs with the land and binds future owners.

This is why the details matter.

What Transfers With Title?

In British Columbia, when an easement is properly registered and appurtenant to land, the benefit of that easement can transfer with the benefited property, even if it is not specifically mentioned again in the transfer.

That means if you buy the property that benefits from a registered easement, that benefit may come with the property.

If you buy the property that is burdened by the easement, you may take title subject to that easement.

This is why reviewing title is so important.

You are not just buying the house, the lot and the physical improvements. You are also buying the legal interests attached to that property, subject to the registered charges, rights and restrictions that remain on title.

Easement vs. Licence

An easement should not be confused with a licence.

An easement is an interest in land and may pass with the land.

A licence is usually personal permission and does not normally transfer automatically when the property is sold.

For example, if a neighbour has informal permission to park on part of a property, that may only be a licence. If there is a registered easement allowing access or use, that is much more significant.

That difference matters.

A buyer may be bound by a registered easement. A casual permission arrangement may not survive a sale.

What About Statutory Rights of Way?

A statutory right of way is another type of registered interest that buyers and sellers may see on title.

These are often registered in favour of municipalities, utility companies, public authorities and certain other approved entities.

They are commonly used for things like:

• Sewer lines

• Water lines

• Hydro

• Gas

• Drainage

• Road access

• Other infrastructure

Unlike a traditional easement, a statutory right of way does not require a neighbouring dominant property. It can exist in favour of an approved authority or utility.

For a buyer, the practical question is not just whether there is a statutory right of way on title. The real questions are where it is located and what it allows.

Some rights of way have very little day-to-day impact. Others can restrict building, landscaping, fencing, excavation, or future development.

Why This Matters When Buying or Selling

Easements and rights of way can be minor, or they can have a real impact on value and use.

A small utility easement along the rear of a property may not make much difference to how you live in the home.

A broad access easement through the middle of a lot, or a right-of-way that restricts building over a large area, is a different story.

Before buying, it is important to review the title, the registered documents and any related plans.

The title may tell you that a charge exists. The actual registered document usually explains what it means.

Buyers should understand:

• Who benefits from the easement

• Which property is burdened

• Where the easement area is located

• What use is allowed

• Whether there are building or development restrictions

• Whether there are maintenance or cost-sharing provisions

• Whether it affects future plans for the property

Bottom Line

A positive easement generally allows someone to do something on another person’s land.

A negative easement generally restricts how an owner may use their own land.

If properly registered and attached to land, an easement can transfer with title and continue to affect future owners.

The safest approach is to review title early, obtain the actual registered documents and always speak with a real estate lawyer to confirm your understanding.

In real estate, the words on title matter.

A property is not just the land and the building. It is also the rights, restrictions and obligations that may come with it.