Understanding easements

What is an easement?

Conservation easements are voluntary legal agreements between heritage property owners and the Ontario Heritage Trust that protect significant features of a property. The terms of the easement are registered on the property title and apply to the easement donor and all future owners of the property. Easements allow the Trust to protect a heritage site without owning it. They also offer conservation-minded Ontarians an opportunity to permanently protect the heritage value of their property while continuing to enjoy it

How does an easement protect my property?

The objective of an easement is to preserve the heritage character and fabric of a property and to ensure good stewardship in the long term. Without a conservation easement in place, the heritage value of a significant heritage building or natural heritage property can either be altered in a way that is not in keeping with accepted heritage conservation practices, or it can be irretrievably lost. An easement agreement will determine the terms and conditions for any alterations that occur on a protected property. In addition, should you sell or bequeath your property, the easement agreement runs with the title and your heritage property is preserved in perpetuity. The Trust then monitors the site to ensure that the original terms of the easement are being observed.

What is the difference between an easement and a designation?

The Ontario Heritage Act empowers municipalities to protect heritage properties using heritage designation bylaws. Municipal designation, however, cannot prevent demolition or loss due to neglect. A conservation easement is stronger, more comprehensive and more flexible than a designation. It is a private agreement registered on title to a heritage property. It ensures that the heritage property is prudently maintained and adequately insured. It also ensures adequate demolition control. And an easement can be tailor-made to suit the unique heritage character of the resource it protects.

Is the Trust the only body that can hold easements?

No. Since the Ontario Heritage Trust has a provincewide mandate, it focuses on properties that are of provincial interest. But under the recently amended Conservation Lands Act of Ontario, municipalities, conservation authorities and non-governmental not-for-profit natural heritage organizations are empowered to acquire and hold heritage conservation easements that protect natural heritage sites but not sites of cultural heritage value. Cultural heritage properties can be protected by the Trust and municipalities only.

You may wish to check with your municipality or its Heritage Committee (formerly LACAC) to determine if your municipality is interested in your property. If you are not sure, please feel free to contact us at easements@heritagetrust.on.ca.