BC Realtor Easements & Rights-of-Way Guide: Types, Title Searches & Client Advice (2026)

Scenario: Buyer discovers a BC Hydro SRW on a rural property

"The title search shows a BC Hydro statutory right-of-way cutting through about 20% of the back of the lot. That means BC Hydro has the legal right to access that corridor for their transmission lines. You can use the land — walk it, farm it, landscape it — but you can't build structures in that area, and you can't plant trees that would grow tall enough to interfere with the lines. The good news is you knew about this before you bought, so it's priced in. The question is: does your planned use for the property work with this limitation? If you were planning to build a shop back there, that's a problem. If it was going to be a pasture anyway, it's not material."

Scenario: Seller unsure what charges are on their title

"Before we fill out the Property Disclosure Statement, let me pull your title — it'll take two minutes online. Here we go: you have three charges listed. First is your mortgage — that gets discharged when you sell. Second is a utility SRW from Metro Vancouver Water District — standard for this area, just protects the water main crossing the back corner. Third is a right of way — looks like it was granted to the property next door for access to their parking. So yes, your neighbour has a legal right to cross part of your driveway. You'll need to disclose that on the PDS and I'll note it in the listing. It won't kill the deal — it's disclosed."

Scenario: Buyer concerned about a restrictive covenant (no subdivision)

"The covenant is a restriction registered by the municipality when this area was originally developed — it prevents the lot from being subdivided. For you as a buyer who just wants to live here, that doesn't affect you at all. You can renovate, rebuild, add a suite — the covenant only limits subdividing the lot into two separate parcels. If you were planning to eventually split the lot and sell the back half, then yes, this is material. But it sounds like that wasn't your plan, so I'd characterize this as a non-issue for your intended use."

Scenario: Listing a property with a neighbour's access easement

"There's an access easement registered on title that gives the property at 123 Oak Street the right to use our driveway to reach their garage at the back. It's been there since 1972. In practice, they use it once or twice a day when they come and go. I'm going to disclose this prominently in the listing so buyers know upfront — the last thing we want is a subject removal dispute over something that's clearly on title. Buyers who care about privacy will self-select out early, and the ones who make offers know what they're getting. It shouldn't kill your sale — it just narrows the buyer pool slightly."

Scenario: Buyer wants to remove an existing easement

"You can potentially remove it, but it requires the cooperation of the neighbour — they're the dominant tenement holder, meaning they have the benefit. You'd both need to sign a discharge and file it with the Land Title Office. If they refuse, you'd need a court order, which is expensive and slow. My advice: buy the property with open eyes about the easement, and after you close, approach the neighbour about removing it — maybe there's a number they'd accept, or maybe they'd agree if you offer an alternative. But don't go into the purchase assuming you'll get rid of it — make sure the property works for you even if it stays."

Scenario: Buyer asking whether easements affect their mortgage

"For most easements — utility lines, access paths — your lender probably won't care. They're standard and well-defined. The situations that can affect lending are large SRWs that significantly reduce buildable area, or covenants that restrict the property's use in ways that affect value. I'd recommend flagging the easement to your mortgage broker when you're getting your financing arranged — they can ask the lender if it affects the appraisal. The appraiser will be aware of it anyway when they do the full report."

What is the difference between an easement and a right-of-way in BC?

In BC, the terms are often used interchangeably but have technical differences. An easement is a private agreement granting one party the right to use another's land for a specific purpose (e.g., right to cross a driveway). A statutory right of way (SRW) is registered under the Land Title Act and grants utility companies or government bodies rights to install and maintain infrastructure on private land. Both run with the land and bind future owners — but SRWs are non-negotiable and often broader in scope.

Do easements and rights-of-way need to be disclosed in a BC real estate sale?

Yes. In BC, registered encumbrances including easements, statutory rights of way, and restrictive covenants are disclosed through the title search conducted by the buyer's lawyer at closing. However, realtors have an obligation to disclose known material latent defects, and an easement that significantly affects use, development, or value would qualify. Additionally, the Property Disclosure Statement asks whether the seller is aware of any encumbrances — sellers must answer honestly.

Can an easement be removed from a BC property title?

Yes, but it's not always straightforward. An easement can be discharged by: (1) mutual agreement between the dominant and servient tenement owners — both must sign a release filed with the Land Title Office; (2) expiry if the easement has a time limit; (3) court order if the easement is no longer needed or was created by error; (4) merger if the same person owns both properties. Statutory rights of way held by utilities or government are generally permanent and cannot be removed unless the infrastructure is decommissioned.

What is a restrictive covenant and how does it differ from an easement?

A restrictive covenant is a registered charge on title that restricts what an owner can do with the land (e.g., no subdivision, no commercial use, heritage preservation, specific architectural standards). Unlike an easement, which grants a right to use land, a covenant limits the owner's use rights. Restrictive covenants in BC are typically perpetual and bind all future owners. Some older covenants may be unenforceable if they restrict based on discriminatory grounds (race, religion) — these were made void under the Property Law Act.

How do I find easements and rights-of-way on a BC property?

Registered easements and rights of way appear in two places: (1) The BC Land Title Register — accessible via myLTSA or through a lawyer's title search. The charges section of the title will list all registered encumbrances with filing numbers. (2) The actual registered documents — each charge has a document number that can be retrieved from the Land Title Office to see the full terms, dimensions, and restrictions. BC Assessment records may also show right-of-way areas that reduce taxable land area.