A guide for Ontario property owners
Permanent & Temporary Easements
Keeping ownership does not necessarily mean keeping the same use of your land.
An easement gives an authority specified rights over a property while ownership remains with the landowner. Its effect depends on the actual rights acquired, restrictions imposed and location of the affected area.
Permanent easements
A permanent easement may accommodate infrastructure such as a sewer, watermain or utility corridor. Its terms may provide access for inspection and maintenance and restrict building or excavation within the affected area.
The appraisal considers how those rights affect the owner’s use of the land and its value. The written terms matter as much as the area shown on the plan.
Temporary easements
A temporary easement or temporary limited interest may allow construction access, equipment storage or other activities for a defined period.
Relevant questions include how long the rights last, when and how the area can be used, whether access or parking is affected, and what restoration obligations apply. Extensions and the condition in which the land is returned also warrant attention.
Subsurface acquisitions
An acquisition below ground may involve an easement or ownership of a defined underground volume. These are different interests and should be described accurately.
Although surface use may continue, the assessment may need to consider restrictions on excavation, foundations or future development. Planning and engineering advice can help establish whether there is a practical or financial impact.
Example: a utility installation
An authority requires a permanent easement for a buried utility and a wider temporary area for construction. The permanent rights and temporary use should be assessed separately. The review should also consider their effects on the rest of the property and avoid counting the same loss twice.
Illustrative example only; compensation depends on the facts and applicable law.