Humber/Ontario Real Estate Course 4 Exam Practice

Once an easement is granted, which of the following is true?

1. It describes a right that one landowner has over another.

2. It involves a voluntary and non-binding agreement between landowners.

3. It requires that the property with the easement be dominant.

4. It must involve properties that touch each other.

The correct answer is: It describes a right that one landowner has over another.

An easement is indeed a legal right that one landowner has over the property of another, which aligns with the answer provided. When an easement is granted, it typically allows the holder of the easement to use a portion of another person's property for a specified purpose, such as accessing a road or utility lines. This relationship is established through a legal document and is enforceable, making it a recognized right in property law. The other options do not accurately capture the nature of an easement. A voluntary and non-binding agreement would not meet the legal requirements of an easement, as these agreements are binding and must be recorded with land registration authorities. Regarding the nature of the properties, an easement does not necessarily require the properties to be dominant or servient in traditional terms; rather, it is defined by the specific rights endowed to the easement holder. Lastly, while many easements do involve adjacent properties, there are also easements that can exist over non-contiguous lands, such as in cases of rights to access or utility lines crossing multiple properties. This highlights that the essential characteristic of an easement is the right over the land, rather than the physical proximity of the properties involved.