An easement is a right enjoyed by one landowner over the land of another for a special purpose, other than general use and occupation, for an unlimited period of time. Easements are issued mostly for rights-of-way, utilities (e.g. power lines) and municipal services (e.g. discharge or intake pipes).
Easement/Right-of-way – Frequently Asked Questions
A right-of-way is a type of easement given to legally allow passage over another’s land. The right is restricted to the use described in the Easement document.
Any person over the legal age of 19 years and any company registered to do business in New Brunswick may apply for an easement by completing and submitting an application.
No. Each land owner requires their own easement document.
Yes. An application to cross a trail will be reviewed in the same manner as any other easement application. A site inspection will be required before final approval is given.
- The non-refundable application fee.
- Applicants must hire, at their own expense, a New Brunswick land surveyor to prepare the required plan of survey.
No. An easement does not grant exclusive use of an area, meaning that multiple easements could be given for the same land as long as each use does not interfere with any others.
The applicant is responsible for construction, maintenance and all associated expenses.
You must contact the Department of Natural Resources and Energy Development to obtain permission before cutting any trees on Crown land.