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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101406
Experience:  Lawyer
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I have a marsh or swamp that has been classified as a creek

Customer Question

I have a marsh or swamp that has been classified as a creek and therefore have a restrictive covenant on it (easement) as the plot was subdivided (now 4.2 Acres). We are on an agricultural land RU-1. Is it possible to remove this easement if I need to use it for agricultural purposes?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.

If the easement is registered on title it generally can only be removed by the entity that holds the easement.

Sometimes this can be done by agreement but other times it may not be possible.

Whether you can get a court order would depend on the history and the facts and so for that you need to consult with a local lawyer face to face.