Is It An Easement Or A Right Of Way?

People often use these terms interchangeably. For the average person there seems to be little distinction. But when you are buying or selling a property, there are important differences between the two that you should know.

Both easements and rights of way are legal agreements, common in both urban and rural environments, that confer on an individual, company or municipality the right to use another's property (the “Servient Property”) in some fashion. They may also restrict how the Servient Property owner can use all or a portion of their property. Both are generally registered on the title of the Servient Property, and therefore can “run with the land”, meaning that they remain registered in place and transfer automatically when the property is transferred. The parcel of land that owns these rights is known as the “Dominant Property”.