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With a property easement, the servient tenement has a duty of care to make their land available for the dominant tenement's particular use or purpose. The servient tenement must not use their land in any way that will make it more difficult or costly for the dominant tenement to benefit from the easement.
Easements are rights of way to sewer main pipes that are part of the city infrastructure yet travel through private property to gain necessary pitch and flow. These easements are essentially the city's right of way to access and maintain a sewer main on private property.
What is an easement? An easement is the right to cross or otherwise use another's land for a specified purpose. For example, your property may have an easement over your neighbour's property to allow you to access your backyard.
Often, they are recorded in the Registry of Deeds. This type of easement allows one lot to drain storm water onto or through another property or into a common detention pond. Drainage easements can be public or private. A private easement is usually created and recorded by the developer of a subdivision.
A drainage easement is a legal encumbrance on the title of a property to provide Council with the authority to carry out whatever works are required on drainage infrastructure within the easement.
An easement deed should be signed and acknowledged by the grantor. A real estate deed that is required to be recorded in order to provide constructive notice must have a certificate of acknowledgment or proof of execution endorsed on the deed or attached to it. The certificate is recorded with the deed (183-29).
The duty to care for an easement belongs to the owner of the dominant estate.