Easement is important for property management. You need to know who is legally responsible for the maintenance, repair, and replacement of the main parkade gate and ramp where:
- A medical clinic was constructed first and owns the land, gate, and ramp;
- A strata development was constructed later;
- The strata plan designates the gate and ramp as an easement benefiting the strata; and
- Both the clinic and the strata use the gate and ramp?
Here’s a simple guide to help you navigate shared access responsibilities.
What Is an Easement?
An easement is a legal right to use someone else’s property, but it does not give you ownership.
“An easement gives access—not ownership. Understanding this distinction is key to avoiding disputes.”
Example:
- A medical clinic builds a gate and ramp for its own use.
- A strata development is built later, and the strata gets an easement to use the gate and ramp.
- Both the clinic and the strata rely on the infrastructure—but who pays for upkeep?
How Maintenance Responsibilities Work
BC law has clear principles:
- The Owner Isn’t Automatically Responsible – The property owner (e.g., the clinic) doesn’t have to maintain the easement unless the agreement specifically says so.
- Users Must Contribute – The party benefiting from the easement (e.g., the strata) must reasonably share in maintenance costs.
- Shared Use = Shared Responsibility – If both parties use the infrastructure, courts usually require proportional cost sharing.
Other factors: usage levels, wear and tear, and whether repairs are routine or major.
4 Tips to Avoid Disputes Over Shared Access
- Talk Early – Discuss responsibilities before problems arise.
- Put It in Writing – Create a clear maintenance and cost-sharing agreement. Include:
- Routine inspections and servicing
- Major repairs or replacements
- Emergency decision-making
- Cost allocation rules
- Register the Agreement – If possible, register it on title to make it legally binding.
- Plan for Fairness – Share costs based on use, damage, and the nature of repairs.
“A fair, written agreement is the simplest way to avoid conflicts and ensure smooth access for everyone.”
Key Takeaways
- Easements grant use rights, not ownership.
- Shared use usually means shared responsibility for maintenance.
- Clear, written agreements protect investments and prevent disputes.
By following these tips, property owners and stratas can keep shared gates, ramps, and driveways functioning smoothly—without headaches or surprises.
