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    Easement Attributes

    Easement Attributes

    Situation

    You are attempting to register an easement and want to understand attributes of the different easement types.

    Solution

    The interest types related to easements are listed below, with applicable statutory references and a list of attributes. Easement mutual, easement non-mutual, and miscellaneous are the three most commonly used easement types and are listed first. Other easement types are listed alphabetically.

    Easement Mutual

    The main feature of an easement mutual is that all of the parcels must be dominant tenements. This easement type is governed by the common law and not any particular statute. It will display on title in the name of "the Current Dominant Tenement" rather than in the name of the holder who registered the interest. This is because an easement mutual runs with the land rather than the individual interest holder. If the land transfers, the owner of the current dominant tenement will always have the rights under the easement.

    Is this interest type lapsable? NO
    Can other interests be registered against this interest? YES
    Can this interest be partially discharged? YES, BUT MUST BE REGISTERED AGAINST TWO PARCELS
    When registering this interest is the value required? NO
    Is an attachment mandatory? NO
    Is an attachment OR text description required? YES
    Can this interest be postponed? YES
    Can interests of the same type be registered against it? NO
    What authorization is required to Amend? REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS
    Can this interest be registered as a sub-interest? NO
    Can this interest be registered against a title? YES, BUT MUST BE REGISTERED AGAINST THE PARCEL NUMBERS AND MUST BE REGISTERED AGAINST A MINIMUM OF 2 PARCELS
    Can this interest be registered against an Abstract? YES
    What authorization is required to discharge? REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS
    Can a judgment interest attach to the interest? NO
    Does this interest require a dominant tenement? YES, ALL MUST BE DOMINANT

    Easement Non-Mutual

    This easement type is governed by the common law and not any particular statute. It will display on title in the name of “the Current Dominant Tenement” rather than in the name of the holder who registered the interest. This is because an easement non-mutual runs with the land rather than the individual interest holder. If the land transfers, the owner of the current dominant tenement will always have the rights under the easement. An easement non-mutual requires at least one dominant tenement.

    Is this interest type lapsable? NO
    Can other interests be registered against this interest? YES
    Can this interest be partially discharged? YES
    When registering this interest is the value required? NO
    Is an attachment mandatory? NO
    Is an attachment OR text description required? YES
    Can this interest be postponed? YES
    Can interests of the same type be registered against it? NO
    What authorization is required to Amend? REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS
    Can this interest be registered as a sub-interest? NO
    What authorization is required to assign this interest?  CANNOT BE ASSIGNED
    Can this interest be registered against a title? YES, BUT MUST BE REGISTERED AGAINST THE PARCEL NUMBERS AND MUST BE REGISTERED AGAINST A MINIMUM OF 2 PARCELS
    Can this interest be registered against an Abstract? YES
    What authorization is required to discharge? REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS
    Can a judgment interest attach to the interest? NO
    Does this interest require a dominant tenement? YES, ALL MUST HAVE AT LEAST ONE DOMINANT TENEMENT SELECTED

    Miscellaneous Interest

    The miscellaneous interest type operates like the old-world caveat interest type. It can be used if you have an easement that does not fit into the other categories. It is important to note, however, that any interest registered using the miscellaneous interest type can be lapsed.

    Is this interest type lapsable? YES
    Can other interests be registered against this interest? YES
    Can this interest be partially discharged? YES
    When registering this interest is the value required? NO
    Is an attachment mandatory? NO
    Is an attachment OR text description required? YES
    Can this interest be postponed? YES
    Can interests of the same type be registered against it? YES
    What authorization is required to Amend? REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER
    Can this interest be registered as a sub-interest? YES
    What authorization is required to assign this interest?  REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER
    Can this interest be registered against a title? YES
    Can this interest be registered against an Abstract? YES
    What authorization is required to discharge? REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER
    Can a judgment interest attach to the interest? YES
    Does this interest require a dominant tenement? NO

    Other Easements