Easements, Covenants, and Rights of Way

Property ownership in British Columbia often involves complex layers of rights and obligations that extend beyond simple surface ownership. Whether you are a property owner, a developer, or a municipality, understanding the nuances of Easements, Restrictive Covenants, and Statutory Rights of Way is critical to protecting your interests and ensuring the viability of your projects.

Lawyers at Crease Harman are experts in real property and municipal law. We have successfully represented clients in negotiating, drafting, and litigating complex land use agreements and title charges. We understand that these charges can significantly impact property value, development potential, and land use. We work tirelessly to ensure that your rights are defined clearly and protected.

Statutory Rights of Way

A significant portion of our practice in this area focuses on Statutory Rights of Way (SRWs). Unlike standard easements, which require two parcels of land (a dominant and servient tenement) that are generally adjacent, a Statutory Right of Way under the Land Title Act allows for a charge against land in favor of a government body, municipality, or utility corporation without the need for a dominant tenement.

These agreements are essential for the installation and maintenance of public utilities, such as water, sewer, gas, and hydro infrastructure, but they often impose significant, long-term restrictions on the landowner. Our team routinely advises clients on the implications of SRW agreements, ensuring that the terms are fair, the access rights are properly scoped, and that future development potential is not unnecessarily hindered.