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An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner's actions or in rare cases by the owner's inaction.

While a restrictive covenant drafted without an expressed end date will expire 40 years after the covenant's initial registration, the same is not true for an easement or right-of-way.

You file the affidavit and writ in the court where you obtained judgment. Court staff will issue the writ and return the original to you to file in the enforcement office. You must have the writ issued within six years after the court made the order you are trying to enforce or make a motion to have it issued it later.

Turnaround times vary, but typically, within 10-15 business days, most land title applications are registered. If you would like confirmation of registration, you may order a State of Title Certificate for a fee.

If the easement is not registered it will exist as an equitable easement. In some circumstances an easement will only exist as an equitable right. An example being where a contract was entered into to grant an easement, but it was never completed.

As a general rule, the dominant tenement landowner cannot block a right of way for his benefit where the right of way is for passage or egress or ingress. For instance, motor vehicles cannot be parked in the right of way.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

If a debtor fails to make payment on a judgement a Writ of Execution can be issued by the Superior Court and a Writ can be filed at the local Sheriff/Enforcement office in the jurisdiction of the business or individual. The Execution Certificate will reveal any outstanding Writs on file and provide the Writ number.

The Land Registry Offices of Ontario are responsible for keeping record of Easements. Box 7 of the Transfer of Land Form (Form 1) contains space to stipulate an easement. Schedules (Form 5) attach to these Deeds, providing more information if necessary.

A lien, security interest or other title lodgement prevents a property from being sold or refinanced unless it is paid out in full or ?postponed?.