Property Easements in Quebec 2026: Types, Impact on Value and Checks

An easement is a charge that burdens a property for the benefit of another property or a public utility. It runs with the land, not the owner: it stays in force after a sale, until it is extinguished. For a buyer, spotting and understanding easements avoids bad surprises. The first source of information is the location certificate: see our location certificate guide, then follow what comes next.

The principle: servient and dominant land

The property that bears the charge is the servient land; the one that benefits is the dominant land. An easement can also benefit a public utility rather than a neighbour. Key point: the easement is real, attached to the property. Buying a burdened property means inheriting the charge. That is why it must be identified before signing, not after.

The most common types

The right of way lets a neighbour cross the lot, often to reach a landlocked parcel. The view easement governs openings facing the neighbour. The no-build easement bars building on a strip of land. Public utility easements, for Hydro-Québec or telecom providers, allow maintenance of lines or conduits. Add sewer, drainage, or tolerated encroachment easements when a structure slightly overlaps the neighbouring lot.

Impact on value and use

Not all easements are equal. A utility easement at the back of the lot often has negligible impact on everyday use. Conversely, a right of way crossing the yard, or a no-build easement preventing an extension or a pool, can reduce appeal and value. The effect depends on the nature of the charge, its location, and what the buyer planned to do. An easement can also be an asset when it is your lot that benefits from an access.

How to detect them

The up-to-date location certificate shows apparent and published easements. A review of title and the land register index confirms registered easements and their exact scope. A notary validates everything before purchase and explains the concrete consequences for your project. Never rely on a single mention without reading the deed that creates the easement.

Can it be cancelled?

An easement can be extinguished by waiver, by agreement between the parties, by non-use over the period set by law, or when both lands come under a single owner. The process goes through a notary and must be published in the land register to be enforceable. Before buying on the assumption you will have an easement cancelled, confirm it is realistic, since nothing compels the beneficiary to agree.