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Land easement

How does land easement work?

The notary is the designated adviser for the drafting of a deed of easement.

In general, an easement is attached to a property and not to the owners of it. It is created in favor of property or other property, a person or a public service. Since it is attached to the property, it follows the building even in the event of a sale.


The nature of the easement can be multiple, it can be of passage, of view, of drawing water etc, and it can even guarantee obligations. Whatever its nature, it is important to properly identify it and understand its impacts.  In order to fully understand the duties and obligations of this easement, it is important to consult a notary who will provide you with all the relevant information in order to make an enlightened choice about it.


There are also so-called personal easements which are generally temporary and disappear when the property is sold. They are granted in order to favor a particular person and not a property.

Some common examples of easement of land:

  • A right of way in favor of Hydro-Québec on your land to allow them access to your property.

  • A view easement regulating a view that would be illegal due to the distance of a window from it on a neighbor's property.

  • A tolerance easement allowing the author of the encroachment to maintain in good condition what has been built on the property of his neighbour.

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