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possessory interest in real property that provides the holder with the right to use another party's real property for a specific purpose. The underlying legal title to the real property encumbered by the easement is retained by the original owner for all other purposes.
Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement.
A Right of Way is a type of easement in which the owner grants access rights of another to pass over the land of another. These access agreements are in rural and recreational properties (i.e. cottages). The waterfront owner will grant an Easement to the landlocked property to access the shorefront.
The dominant tenement owner cannot force the servient tenement owner to pay for maintenance of the right of way. The obligation to maintain and repair is solely that of the dominant tenement landowner.
A right of way is adequate for access and road construction on Crown land. An easement is required if utility services are to be installed in addition to a roadway.