Heritage easements 401 — Easements for (almost) all
We’ve been looking at easements for heritage conservation purposes and how these evolved in Ontario.
Easements and their close cousin covenants — agreements conferring rights over another’s land or property for specific purposes — can be used by anyone for almost any (legal) end. But the only kind that beat the old common law limits and stick over the long haul are statutory easements — that is, agreements where the parties involved and the public policy objectives to be served are set out in statute.