An easement is a situation where the title to a piece of land remains with the landowner while the right is given to another person or organization to use the land for a specific purpose.
- An easement that stays with the land regardless of who owns it is referred to in legal terms as ‘appurtenant to the land’.
- An easement that is not attached to the parcel of land and is only relevant to the individual currently owning it is referred to as an ‘easement in gross’.
A statutory right of way is a right that a municipal or industrial user has over a parcel of land. Unlike an easement, a right of way is an agreement in which no one user of the land benefits more from the use of the land – it has no designated ‘dominant tenement’.
The most common rights of way in the oil and gas industry are for pipelines, power lines and access roads.