Easements In Gross For Private Infrastructure

Key Points

• Easements in gross can only be created in favour of a "public utility provider" who is providing a service for the benefit of the wider community.
• Developers of private infrastructure may be entitled to easements in gross if they are providing a service to the public.

Access to land is an important issue for any resource project including for the development of private infrastructure (such as powerlines, gas pipelines and water pipelines) in support of, or as part of, that resource project.

Traditionally powerline and pipeline infrastructure was developed by the government and mechanisms evolved for land access based on governmental powers. But as infrastructure is more frequently being developed for private purposes (eg. a private water pipeline to service a mine), the same powers may not be able to be directly applied to private land access and