Metrowest Building Services Ltd is a strata management brokerage under the Real Estate Service Act of BC serving the public for strata management, rental property management and real estate trading service in British Columbia of Canada.

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 both the strata and the clinic and both 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.