An easement by definition is the ownership of an interest in a piece of land. This interest is usually defined specifically in the deed pertaining to the property. Here in Ontario, most of the easement documents I have read with respect to utilities specify:
1. Legal description of the parcel, example: a strip of land 50 feet wide running parallel to the westerly limit of lot 40 on a plan of subdivision registered in the county land registry office as plan 99999.
2. The right to build, maintain and use the utility.
3. To travel along the easement.
4. Who has the right to use it "Employees, servants or agents of said utility"
5. The right to trim or fell trees or brush.
6. An agreement to repair or restore anything damaged along the easement by it's use.
An easement still belongs to the owner of the surrounding lands, but in addition to allowing the utility to use it, he/she must also not encumber the easement in any way, such as building structures on it, or doing any work or damage to it that makes it unusable by the utility.
Public streets, however, are not for the specific use of any one utility or person. This gives any utility the right to use it. Rights-of-Way are identical to easements, except they are granted in the favour of a person or persons for access to property that does not have frontage on a public street. So, if for example a cottager has a right of way over his neighbours driveway, his neighbour cannot tear up his driveway and relocate it elsewhere, thus denying his access.
Quite often easements can be released if they are no longer needed, provided the utility is agreeable. Usually easements are agreed upon in an amicable manner, but in cases where the landowner refuses to grant the easement, an easement can be expropriated by the municipality, similar to the way a municipality can expropriate total ownership from someone for a new road, etc.
At least, this is how it works up here! So trespassing is trespassing, even on a utility easement, unless you work for the utility either directly or under contract, or unless you are specifically given the right in the deed!
