Easement/Right of way

An easement is a right enjoyed by one landowner over the land of another for a special purpose other than general use and occupation for an unlimited period.

Overview

An easement or right-of-way does not give exclusive use, meaning that multiple easements could be given for the same land if each use does not interfere with another use. Easements are issued mostly for rights-of way, utilities (e.g. powerlines) and municipal services (e.g. discharge or intake pipe). A right-of-way is a type of easement given to legally allow passage over another’s land. 

An application to cross a trail will be reviewed in the same manner as any other easement application. A site inspection will be required before final approval is given.

Applicants must hire a land surveyor at their own expense to prepare the required plan of survey. The construction, maintenance and associated expenses are the responsibility of the applicant.

You must contact the regional office to obtain permission before cutting any trees on Crown lands.

Eligibility

Applicants must be at least 19 years old and be the registered owner of the land benefiting from a right-of-way easement (you cannot apply with someone else, each land owner requires their own easement).

Forms

Fees

Fee descriptionRate ($)
Application fee for non-commercial or non-industrial access of Crown lands850
Application fee for municipal or non-profit access of Crown lands850
Application fee public electrical utility access of Crown lands (850 + 7.5 % of easement area market value(1))850
Application fee for access to Crown lands for public electrical utility transmission corridors operated by NB Power that are 2 km or less (850 + 7.5% of easement area market value(1))850
Application fee for access to Crown lands for public electrical utility transmission corridors operated by NB Power and longer than 2 km (850 + 1 per km)850
Application fee for access of Crown lands for telecommunications services (850 + 20% of easement area market value(1))850
Application fee for commercial or industrial access of Crown lands (850 + 80% of easement area market value(1))850

All fees are non-refundable + HST.

(1These types of easements will require an appraisal; the Crown parcel must be appraised by an Appraisal Institute of Canada accredited appraiser. These appraisal fees will be payable upon issuance of the Easement. 

Get help

For additional inquiries, you can contact us from Monday to Friday between 8:15 a.m. and 4:30 p.m., excluding holidays.

Crown lands Branch

Telephone: 1-888-312-5600
Email: [email protected]