Can I place an easement on my property that benefits my neighbour?

What the Law Says

Canadian property law allows landowners to voluntarily create easements that benefit neighbouring properties. These are called 'granted' or 'express' easements and require formal creation to be legally enforceable.

An easement is a legal right that allows someone to use another person’s land for a specific purpose — for example, a right-of-way or utility access. To be valid and enforceable against future owners, it must meet strict formal requirements.

All provinces require easements to be created in writing and registered against the title of the 'servient tenement' (the land being burdened). Without registration, the easement generally does not bind subsequent purchasers.

The benefited land is called the 'dominant tenement', and the burdened land is the 'servient tenement'. The easement must accommodate the dominant tenement — meaning it must be connected to and beneficial for the use or enjoyment of that land.

Statutory Text

An easement is a right which one proprietor has over the land of another for the beneficial enjoyment of his own land.

— Law of Property Act, R.S.B.C. 1996, c. 250, s. 65(1) — Definition of easement

Statutory Text

No interest in land is validly created unless it is evidenced in writing signed by the party to be bound.

— Law of Property Act, R.S.B.C. 1996, c. 250, s. 56(1) — Formalities for interests in land

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