What is an easement?

Legislation
General

An easement is an encumbrance imposed on a property for the benefit of one or more other property(ies) which forces the owner to accept certain constraints (parking of vehicles, water pipe, right of way, etc.) but can also prohibit certain acts (new construction, etc.). In the real estate sector, we speak of land easements which can be contractual or legal. Each easement must be the subject of an authenticated deed and a deposit in the land register.

What is a contractual easement?

 

Contractual easements are the most common type of easement. They are defined by a contract describing their precise nature, recorded in the land register and then annexed to the notarial deed. Thus, if the owners concerned question this agreement, the land register and the notarial deed would be valid. In most cases, these are rights of way or easements of view which, respectively, authorize the passage of a neighbour on your land and limit constructions close to a window or a bay window for example. They may be accompanied by financial compensation.

 

What is a legal easement?

 

Legal easements are imposed by an authority such as the municipality for example or ordered by urban planning regulations. They can be, for example, a ban on operating a noisy business, a right of way for pipes or a height limit for buildings.

By Charline Demange, July 21, 2022

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