How do I handle easements on a property?
Worried an easement will wreck your sale? Here’s the exact plan to handle easements on a Georgetown, ON property so you sell fast and keep top dollar.
Why this matters now
If you’re selling a home in Georgetown, Ontario, and there’s an easement on the title, buyers will notice. Lenders notice. Lawyers notice. The right response turns a potential sale blocker into a non-issue and can even speed your closing. The wrong response costs you time, money, and leverage.
This post gives clear, actionable steps for sellers in Georgetown, ON. Read this, follow the checklist, and call a local expert if you want help closing cleanly.
What is an easement? Simple definition
An easement is a legal right for someone to use part of your property for a specific purpose. Common easements in Georgetown:
- Right-of-way for a neighbour or utility company
- Easement for drainage or sewer lines
- Access for a shared driveway
- Conservation or utility corridor
Easements stay on title. They don’t go away just because you sell. The buyer inherits them unless they’re discharged.
How easements affect selling a house in Georgetown, ON
Short answer: they can reduce buyer demand and complicate financing — but they don’t have to kill the sale.
What buyers worry about:
- Restrictions on building or landscaping
- Access by third parties to parts of the yard
- Responsibility for maintenance
- Impact on privacy or usable yard space
What lenders and lawyers check:
- Title search for registered easements
- Survey that pinpoints the easement location
- Any outstanding obligations tied to the easement
Knowing these facts before listing lets you control the narrative.
Quick checklist: What sellers must do (actionable steps)
- Pull the title and registered documents. Get a copy of the deed and any registered easement documents from the Ontario Land Registry or your lawyer. Know the exact wording.
- Order or review a current survey. Confirm the easement’s location and what land it impacts.
- Talk to your mortgage lender and lawyer. Confirm if the easement impacts the mortgage or closing process.
- Get title insurance quotes and disclose known easements to buyers. Title insurance often protects lenders and buyers against many title issues.
- Decide how you’ll present the easement to buyers: disclose it early with a clear explanation, or include a proposed remedy (e.g., seller will obtain a release) before offers.
- Price and market properly. Factor the easement into the price or highlight workarounds and benefits (e.g., maintained green space, utility access already in place).
How to find easements on your property in Georgetown
- Use the MPAC (Municipal Property Assessment Corporation) record as a starting point for property boundaries.
- Search the Ontario Land Registry / Land Titles for registered instruments. Registered easements will show as a charge against title.
- Check your current survey and any previous closing documents.
- Ask neighbours and the municipality (Halton Hills) if there are known service corridors or municipal easements.
If in doubt, hire a licensed land surveyor or your real estate lawyer. It’s inexpensive compared to the cost of a delayed sale.
Options for sellers: deal types and timelines
A. Disclose and sell “as-is”
- Fast. Expect some buyers to discount the price.
- Works when the easement is minor or used by utilities.
B. Obtain a discharge or release before listing
- Best for maximum market appeal. You’ll need the easement holder’s consent.
- Timeline varies. Utility companies can be slow; private neighbours may negotiate faster.
C. Negotiate credit or price adjustment
- Offer a closing credit or lower price to neutralize buyer concerns.
- Use when discharge is impractical or expensive.
D. Redefine the use or create an agreement
- Draft a private agreement limiting the easement holder’s access or defining maintenance duties.
- Must be registered on title to be binding long-term. Requires legal help.
How to get an easement discharged in Ontario
- Identify who holds the easement (the registered owner on title).
- Contact them with a formal request and your reason (sale, redevelopment).
- Offer compensation if needed or negotiate terms for a partial release.
- Have a lawyer prepare the release and register it on title if the holder agrees.
Reality check: utilities rarely agree to discharge if infrastructure sits in the easement. Neighbours may trade compensation or reciprocal agreements.
Pricing and marketing tactics that convert buyers despite an easement
- Be transparent in the listing: list the easement and link to the survey. Buyers respect honesty.
- Highlight positives: easements can mean no neighbours on that side, guaranteed green space, or lower maintenance.
- Provide facts, not fear: include a clear one-page explanation from your lawyer outlining what the easement allows and what it doesn’t.
- Use targeted marketing: reach buyers who value the lot or house layout where the easement has minimal impact.
- Offer a title insurance credit or a small closing adjustment to remove friction.
Negotiation script for sellers (use this in offers and at showings)
“The property carries a registered easement for [purpose]. We have a current survey and registered documents available. The easement does not impede current use of the house and has historically been used for [utility/access]. Title insurance is available and we will provide the survey with any accepted offer.”
That script reduces surprises and keeps talk focused on facts.
When to call a lawyer, surveyor, or specialist
- Call a lawyer if you plan to obtain a discharge, create an agreement, or need contract language.
- Call a surveyor if the location or extent of the easement is unclear.
- Call a title insurance broker when you want to know what risks are insurable.
Local context: Halton Hills office and Ontario land title rules govern registration and discharge. Local experience shortens timelines.
Selling timelines: realistic expectations in Georgetown
- Minor utility easement: list as-is, expect 30–90 days to close depending on buyer financing.
- Private neighbour easement negotiation: 30–120+ days depending on negotiation.
- Discharge by utility: can take months; plan for contingencies.
Pricing impact: what to expect
Minor easements: 0–3% downward pressure if disclosed upfront. Bigger easements (driveway access, large utility corridors): 3–10% or greater depending on the impact on usable land.
Use a local agent who understands Georgetown’s buyer pool. A well-positioned listing can reduce discounts.
How a local realtor speeds this up (what a professional should do)
- Pull title records and explain the registered instrument in plain English.
- Get a current survey and produce a one-page easement summary for buyers.
- Coordinate with lawyers and lenders early to prevent surprises during conditions removal.
- Advise on pricing strategy that reflects local demand in Georgetown, ON.
If you want someone who handles the paperwork and the persuasion for you, use a local pro who does this repeatedly.
Contact and local help
For sellers in Georgetown, ON who want one call to get this handled: email tony@sousasells.ca or call 416-477-2620. Website: https://www.sousasells.ca. Get a quick assessment, a local strategy, and a one-page buyer-ready easement summary.
FAQ: Easements and property legalities in Georgetown, ON
Q: What exactly shows on title in Ontario?
A: Registered easements appear as instruments on title at the Land Registry or Land Titles. The instrument describes the holder and the purpose. Your lawyer or title search will show them.
Q: Do I have to disclose an easement when selling in Ontario?
A: Yes. Registered easements are public and will appear in a title search. Disclose them proactively to avoid renegotiation or claims of misrepresentation.
Q: Can an easement be removed before a sale?
A: Yes, if the easement holder agrees to discharge it and registers the release. The process involves negotiation and legal registration.
Q: Will a buyer get a mortgage if there’s an easement?
A: Often yes. Lenders evaluate easements case-by-case. Some easements are standard (utilities) and don’t block financing. Your lawyer and lender will confirm.
Q: Who pays to remove an easement?
A: Typically the party who wants the discharge pays. Sellers sometimes pay to clear title to maximize sale price.
Q: Is there help from the municipality of Halton Hills?
A: The municipality can confirm municipal easements or service corridors. They don’t usually negotiate private easements but can confirm if infrastructure sits within an easement.
Q: What about adverse possession?
A: Adverse possession in Ontario is complex and rare for resolving registered easements. Registered instruments usually prevail. Consult a lawyer before assuming any rights by long use.
Q: Should I get title insurance?
A: Yes. Title insurance protects against many title risks and reassures buyers and lenders. It does not remove a properly registered easement, but it helps with unknown title defects.
Q: How will this affect my marketing line and price?
A: Be honest and use the easement to your advantage where possible. If it’s minor, disclose and price competitively. If major, either obtain a discharge, provide a credit, or price accordingly.
Q: What if the buyer wants the easement removed after an offer?
A: That’s a negotiation point. The buyer can ask for a condition that the seller obtain a release. If the seller can’t deliver, the buyer can negotiate a credit or cancel per the agreement.
If you want this handled quickly in Georgetown, ON — get a clear title review, a one-page buyer-ready disclosure, and pricing that sells. Email tony@sousasells.ca or call 416-477-2620 for a fast local consult. Visit https://www.sousasells.ca for more resources.
