Easements of Necessity: Subdivisions, Access, and Proper Planning

Posted: May 17, 2017 | Last Updated: July 17, 2018

Sometimes, in order to make full - or even some - desired usage of one's land, it is necessary for the landowner to be able to (legally) make use of a neighbouring property owner's land. Such usage of the neighbouring owner's land involves rights constituting something less than full ownership of the neighbouring property. The most common situation is where one owner needs to use a path or roadway over its neighbour's property to be able to access a road, lake or a river waterfront. Similarly, a property owner may need to be able to connect the improvements on its land to a water distribution system, a sewage system, a natural gas transmission system, or an electrical transmission system, and such connection involves the installation and maintenance of pipes, conduits, etc. over the neighbouring owner's land. In Easements of Necessity: Subdivisions, Access, and Proper Planning, Partner Edward D. (Ned) Brown discusses such matters in detail, and provides insight into how best to manage these situations.