Why should I request an update to my easement for access to Nick and Spring Lakes?

In 2022, the Nick Lake Owners' Association (NPLA) launched the easement update program. Several property owners in the area had requested easements for access to Kaiser and Spring beaches because, according to their notary, their easement was invalid. Besides reducing the value of their land, the lack of easements could eventually prevent them from enjoying these beaches and lakes.

For several years, various notaries have contacted us during land sales to clarify certain easements that appeared incomplete or even invalid. The fact that the easement was not registered with the lot number complicates the work of notaries. They must then trace previous deeds of sale to find the easement. Unfortunately, this work is not always carried out.

The origin of the issue dates back to before 2014, during the initial transactions between the developers of the Nick Lake development and future owners. Additionally, subsequent transactions may have hindered or modified the easement, such as tax sales or land consolidation.

To address the issue and avoid additional costs, NPLA administrators negotiated a very reasonable fee with a notary office by grouping member requests for easement updates. To this end, a standardized easement document was drafted, consistent with the spirit of valid existing easements and respectful of the rights and obligations of all parties.

 

Examples of errors or inaccuracies in sales contracts:

• The easement does not specify the exact location where it applies. For example, lake access is mentioned without identifying which lake.

• The servient land (beaches) and the dominant land (your property) are not defined.

• Although part of the Nick Lake estate, no easement is mentioned in the deed of sale.

• The property lost its easement during a tax sale.

• The easement expired upon the death of the seller. For instance, Hans Kaiser, who sold several lots with such easements, has been deceased for many years.

 

Benefits of the approach for owners without a legal easement:

• Maintain the full value of their property (the cost of a lake access easement is estimated at approximately $30,000).

• Regularize the situation of owners without easements who currently benefit from NPLA's tolerance policy.

• Guarantee their right of access and enjoyment of Spring and Kaiser beaches for a defined period and into the future.

• Improve relations among various stakeholders by resolving issues before they escalate.

• Protect owners against frivolous lawsuits.

• Grant the same rights and obligations to all property owners.

 

For notaries and legal advisors:

• Leverage collective action to reduce notary fees.

• Enable notaries to view easements registered in the land registry by lot number.

• Simplify the notary's research process to quickly locate the original deed for your easement.

 

Conditions to benefit from the group update:

• Be part of the eligible area.

• Have paid annual dues since 2014.

• Cover the notary fee of approximately $400.

 

For more information, please consult the following links:

• https://jurigo.ca/droit-servitude-passage/

• https://www.journaldemontreal.com/2023/04/06/video-sans-droit-de-passage-vous-pourriez-perdre-acces-au-lac-pres-de-chez-vous

• https://www.lacnick.com/en/easement.htm (Video of the information meeting on easements).

 

How to apply:

• By email to [email protected]

• In the subject line, include the title: Easement Update Request

• The email should include the following information:

  • Name(s) of the owner(s)

  • Lot number(s) involved

  • Address of the lot(s)

  • Phone number of the owner(s)

  • Email address of the owner(s)

  • Residential address of the owner(s)

 

The Nick Lake Owners' Association (NPLA) does not have the legal authority to answer legal questions. Any information contained in this document is provided for informational purposes only. It is the responsibility of each member to contact their notary for any questions regarding easements.

 

Please provide us with a copy of the deed of sale with information that meets legal requirements granting an easement for beach access on your property for file updates.

For additional information, do not hesitate to write to [email protected].