What Is a Utility Right-of-Way?
Utility Right of Way Guide
A utility right-of-way is a registered easement granting utility companies the right to access specific portions of private land to install and maintain infrastructure such as water lines, sewer systems, electrical cables, and gas pipelines. While the land remains under private ownership, the URW imposes certain restrictions on how the designated area can be used.
In Edmonton, URWs are commonly found in residential areas and are typically registered on the property’s certificate of title, ensuring they remain in effect through successive ownerships. These easements are crucial for the city’s infrastructure development and maintenance. (alsa.ab.ca).
Why URWs Matter for Homeowners
1. Restrictions on Property Use
URWs often prohibit the construction of permanent structures within the designated area, such as garages, decks, or sheds. Even landscaping elements like trees or fences may be restricted to ensure unobstructed access for utility maintenance. (alsa.ab.ca)
2. Implications for Property Value
The presence of a URW can influence property value, particularly if it limits potential developments or enhancements. Prospective buyers should assess how a URW might affect their plans for the property.
3. Maintenance Responsibilities
While utility companies have the right to access and work within the URW, homeowners are generally responsible for maintaining the surface area, such as mowing the grass or removing debris. However, if utility work damages the property, the utility provider is typically obligated to restore it to its original condition. (alsa.ab.ca)
How to Identify a URW on Your Property
To determine if your property has a utility right-of-way:
Review the Certificate of Title: This document lists all registered easements and rights-of-way associated with the property.(alsa.ab.ca)
Consult a Real Property Report (RPR): An RPR provides a detailed survey of the property, illustrating boundaries, structures, and any easements.(alsa.ab.ca)
Contact the City of Edmonton or a Land Surveyor: Professionals can assist in identifying and interpreting URWs on your property.
Navigating URWs in Real Estate Transactions
When buying or selling property in Edmonton, it’s crucial to be aware of any existing URWs:
Disclosure: Sellers are obligated to disclose any URWs to potential buyers.
Due Diligence: Buyers should conduct thorough investigations, including reviewing the certificate of title and obtaining an RPR.(alsa.ab.ca)
Legal Advice: Consulting with a real estate lawyer can provide clarity on the implications of a URW and assist in negotiations.(Edmonton Law Office)
Navigating URWs in Real Estate Transactions
When buying or selling property in Edmonton, it’s crucial to be aware of any existing URWs:
Disclosure: Sellers are obligated to disclose any URWs to potential buyers.
Due Diligence: Buyers should conduct thorough investigations, including reviewing the certificate of title and obtaining an RPR.(alsa.ab.ca)
Legal Advice: Consulting with a real estate lawyer can provide clarity on the implications of a URW and assist in negotiations.(Edmonton Law Office)
Managing Encroachments and Alterations
If you wish to build or modify structures near or within a URW:
Seek Approval: Obtain written consent from the utility holder before commencing any work.
Encroachment Agreements: In some cases, the City of Edmonton may grant an encroachment agreement, allowing certain structures to remain within a URW under specific conditions. (City of Edmonton)
Understand the Risks: Unauthorized constructions within a URW may be subject to removal at the homeowner’s expense.
Final Thoughts
Utility rights-of-way are integral to Edmonton’s infrastructure, facilitating the delivery and maintenance of essential services. For homeowners, understanding and respecting these easements is vital to avoid legal complications and ensure the property’s optimal use.
Before undertaking any property modifications or transactions, always verify the presence and implications of any URWs. Consulting with professionals, such as land surveyors or real estate lawyers, can provide valuable guidance tailored to your specific situation.
Stay connected with the latest in home technology and industry updates
hello@movefaster.ca
780.707.5999
Utility ROW FAQs
Unsure if that line on the map ruins your plans for a future garage? Contact us to review the RPR before you write an offer.
How wide is a standard Utility Right-of-Way in Edmonton?
While it varies by subdivision, the standard rear-yard URW in Edmonton is typically 3.5 meters (11.5 feet) wide. Side-yard easements (common in zero-lot-line homes) are often 1.5 meters (5 feet). You can find the exact measurement on your property’s Real Property Report (RPR) or the Land Title Certificate.
Does a Right-of-Way lower my property value?
Generally, no. Almost every detached home in Edmonton has some form of utility easement.
The Exception: A ROW becomes a value-killer if it runs directly through the middle of the buildable area (preventing a garage build) or if it houses high-voltage transmission equipment (large green boxes) that creates a visual eyesore.
Who is responsible for mowing the grass on a Utility Right-of-Way?
You are. Even though the utility company has the “right” to use the land, it is still your property. You are responsible for mowing, weeding, and general maintenance. If you let the weeds grow out of control, the City can fine you, even if the weeds are sitting on top of an EPCOR line.
Can I build a deck over a Utility Right-of-Way?
Technically, no, unless you get a specific “Encroachment Agreement” from the utility company.
The Risk: If you build a floating deck over a swale or URW without permission, and the utility company needs access, they can dismantle the deck without compensation. Furthermore, when you go to sell the home, a non-compliant deck will get flagged on the Compliance Certificate, causing headaches for closing.
What is a “Concrete Swale” easement?
In newer communities (post-2000), you will often see a concrete trough running along the back property line. This is an Overland Drainage Easement.
The Math: You must maintain the grade so water flows freely. You cannot fill it with decorative rocks, block it with a shed, or alter the slope. Blocking a swale can flood your neighbour’s basement—and leave you liable for the damages.
How do I find out if a property has an easement?
We pull the Land Title Certificate for every home we view. Look for the code “URW” or “Restrictive Covenant” listed in the encumbrances section. We then cross-reference this with the survey (RPR) to physically show you where the line sits in the yard.
