by Multi-Prêts Mortgages
What you’ll learn
An easement is a right given to a property (servient land) belonging to someone else in favour of a person or another property (dominant land). The owner or author of the easement must name the type of restriction provided, as well as the beneficiary.
A servitude can be real or personal. In the first case, the real servitude is tied to the dominant land. It therefore subsists regardless of the change in ownership of the property.
Practically speaking, it could look like this:
Florence’s cottage is located between the public road and the land on which Olivier’s house is built. Oliver’s house is contained within Florence’s property. Florence therefore agrees to a servitude in favour of Olivier’s residence so that he and his family can reach the road.
She will also have to refrain from building anything or planting trees that could block the way. In the event that Olivier wishes to sell his property, the servitude will subsist if it has been duly recorded with the Registre foncier. The future owners will therefore also be able to take advantage of it.
With a personal servitude, the servient land is consented to a designated person for a limited time.
Let’s go back to our example:
Florence can agree to a servitude not in favour of Olivier’s property, but in favour of Olivier himself. If Florence registers this servitude with the Registre foncier, Olivier will keep his right-of-way, even if Florence sells her house. Indeed, the right is directly attached to Oliver, regardless of who the cottage separating him from the public road belongs to.
To exist, an easement can be planned by a contract or a will. It can also be created when the owner of the property (that is, the servient land) creates a material arrangement between two pieces of land to allow the owner of the dominant land to pass. Lastly, certain easements come into effect by law, namely through judgments on public services such as Hydro-Québec.
Many situations are accounted for by law, such as:
The notary is the best person to guide you through the legal and financial complexities of easements. They can namely guide you in the choice between a real or personal servitude.
To find out more about the roles of a notary, read this article.
The existence or not of an easement can have a considerable impact on a property’s market value. Regardless of the different types of easements that can affect a property, your Multi-Prêts broker can help you determine the most appropriate type of loan.