FAQ

Conservation easements are voluntary legal agreements between heritage property owners and the Ontario Heritage Trust that protect significant features of a property. The terms of the easement are registered on the property title and apply to the easement donor and all future owners of the property. Easements allow the Trust to protect a heritage site without owning it. They also offer conservation-minded Ontarians an opportunity to permanently protect the heritage value of their property while continuing to enjoy it. More information …

The objective of an easement is to preserve the heritage character and fabric of a property and to ensure good stewardship in the long term. Without a conservation easement in place, the heritage value of a significant heritage building or natural heritage property can either be altered in a way that is not in keeping with accepted heritage conservation practices, or it can be irretrievably lost. An easement agreement will determine the terms and conditions for any alterations that occur on a protected property. In addition, should you sell or bequeath your property, the easement agreement runs with the title and your heritage property is preserved in perpetuity. The Trust then monitors the site to ensure that the original terms of the easement are being observed. More information …

The Ontario Heritage Act empowers municipalities to protect heritage properties using heritage designation bylaws. Municipal designation, however, cannot prevent demolition or loss due to neglect. A conservation easement is stronger, more comprehensive and more flexible than a designation. It is a private agreement registered on title to a heritage property. It ensures that the heritage property is prudently maintained and adequately insured. It also ensures adequate demolition control. And an easement can be tailor-made to suit the unique heritage character of the resource it protects.

No. Since the Ontario Heritage Trust has a province-wide mandate, it focuses on properties that are of provincial interest. But under the recently amended Conservation Lands Act of Ontario, municipalities, conservation authorities and non-governmental not-for-profit natural heritage organizations are empowered to acquire and hold heritage conservation easements that protect natural heritage sites but not sites of cultural heritage value. Cultural heritage properties can be protected by the Trust and municipalities only.

You may wish to check with your municipality or its Heritage Committee (formerly LACAC) to determine if your municipality is interested in your property. If you are not sure, please feel free to contact us at easements@heritagetrust.on.ca.

The Ontario Heritage Trust holds over 200 conservation easements on a range of properties – from lighthouses and bridges to castles and homesteads. Most protect significant architectural features, but an increasing number are being used to protect endangered natural heritage and archaeological sites. Visit our easement properties …

Yes, easements are increasingly being used to protect endangered natural heritage and archaeological sites as well as buildings.

The easement agreement runs on title with the property, binding the present and all future owners. In this way, easements are powerful long-term tools for conservation. More information …

Because each property has its own unique heritage character or architectural features, each easement agreement can be tailor-made to the owner's unique needs. Therefore, the Trust works in partnership with the owner to develop the terms of the agreement. More information …

Please refer to the Canadian Association of Professional Heritage Consultants website (CAPHC).

If you are unsure about the status of your property, please contact your municipal clerk's office or land registry office. Because easements are registered on title, it should be easy to determine whether or not your property has an easement. Visit our easement properties …