Situation
You are attempting to register an easement and want to understand attributes of the different easement types.
Solution
The interest types related to easements are listed below, with applicable statutory references and a list of attributes. Easement mutual, easement non-mutual, and miscellaneous are the three most commonly used easement types and are listed first. Other easement types are listed alphabetically.
Easement Mutual
The main feature of an easement mutual is that all of the parcels must be dominant tenements. This easement type is governed by the common law and not any particular statute. It will display on title in the name of "the Current Dominant Tenement" rather than in the name of the holder who registered the interest. This is because an easement mutual runs with the land rather than the individual interest holder. If the land transfers, the owner of the current dominant tenement will always have the rights under the easement.
| Is this interest type lapsable? |
NO |
| Can other interests be registered against this interest? |
YES |
| Can this interest be partially discharged? |
YES, BUT MUST BE REGISTERED AGAINST TWO PARCELS |
| When registering this interest is the value required? |
NO |
| Is an attachment mandatory? |
NO |
| Is an attachment OR text description required? |
YES |
| Can this interest be postponed? |
YES |
| Can interests of the same type be registered against it? |
NO |
| What authorization is required to Amend? |
REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS |
| Can this interest be registered as a sub-interest? |
NO |
| Can this interest be registered against a title? |
YES, BUT MUST BE REGISTERED AGAINST THE PARCEL NUMBERS AND MUST BE REGISTERED AGAINST A MINIMUM OF 2 PARCELS |
| Can this interest be registered against an Abstract? |
YES |
| What authorization is required to discharge? |
REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS |
| Can a judgment interest attach to the interest? |
NO |
| Does this interest require a dominant tenement? |
YES, ALL MUST BE DOMINANT |
Easement Non-Mutual
This easement type is governed by the common law and not any particular statute. It will display on title in the name of “the Current Dominant Tenement” rather than in the name of the holder who registered the interest. This is because an easement non-mutual runs with the land rather than the individual interest holder. If the land transfers, the owner of the current dominant tenement will always have the rights under the easement. An easement non-mutual requires at least one dominant tenement.
| Is this interest type lapsable? |
NO |
| Can other interests be registered against this interest? |
YES |
| Can this interest be partially discharged? |
YES |
| When registering this interest is the value required? |
NO |
| Is an attachment mandatory? |
NO |
| Is an attachment OR text description required? |
YES |
| Can this interest be postponed? |
YES |
| Can interests of the same type be registered against it? |
NO |
| What authorization is required to Amend? |
REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS |
| Can this interest be registered as a sub-interest? |
NO |
| What authorization is required to assign this interest? |
CANNOT BE ASSIGNED |
| Can this interest be registered against a title? |
YES, BUT MUST BE REGISTERED AGAINST THE PARCEL NUMBERS AND MUST BE REGISTERED AGAINST A MINIMUM OF 2 PARCELS |
| Can this interest be registered against an Abstract? |
YES |
| What authorization is required to discharge? |
REGULAR AUTHORIZATION SIGNED BY DOMINANT TENEMENT OWNER AND SUBSEQUENT INTEREST HOLDERS |
| Can a judgment interest attach to the interest? |
NO |
| Does this interest require a dominant tenement? |
YES, ALL MUST HAVE AT LEAST ONE DOMINANT TENEMENT SELECTED |
Miscellaneous Interest
The miscellaneous interest type operates like the old-world caveat interest type. It can be used if you have an easement that does not fit into the other categories. It is important to note, however, that any interest registered using the miscellaneous interest type can be lapsed.
| Is this interest type lapsable? |
YES |
| Can other interests be registered against this interest? |
YES |
| Can this interest be partially discharged? |
YES |
| When registering this interest is the value required? |
NO |
| Is an attachment mandatory? |
NO |
| Is an attachment OR text description required? |
YES |
| Can this interest be postponed? |
YES |
| Can interests of the same type be registered against it? |
YES |
| What authorization is required to Amend? |
REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER |
| Can this interest be registered as a sub-interest? |
YES |
| What authorization is required to assign this interest? |
REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER |
| Can this interest be registered against a title? |
YES |
| Can this interest be registered against an Abstract? |
YES |
| What authorization is required to discharge? |
REGULAR AUTHORIZATION SIGNED BY INTEREST HOLDER |
| Can a judgment interest attach to the interest? |
YES |
| Does this interest require a dominant tenement? |
NO |
Other Easements
Environmental Management and Protection Act – Easement
Heritage Property Act Easement or Covenant
Joint Use Utility Easement
Many Islands Pipe Lines Easement
Pipelines Act Easement
Planning and Development Act, 2007 0 Easement on Dedicated Lands
Power Corporation Act Easement
Power Corporation Notice of Requirement of Easement
Public Utility Easement
SaskEnergy Act Easement
SaskEnergy Act – Notice of Requirement of Easement
Saskatchewan Telecommunications Act Easement
Saskatchewan Telecommunications Act – Notice of Requirement of Easement
Saskatchewan Water Corporation Act Easement
Saskatchewan Watershed Authority Act Easement
TransGas Easement