Humber/Ontario Real Estate Course 4 Exam Practice

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Which definition best describes an easement's purpose?

  1. Guarantees unrestricted land use regardless of ownership.

  2. Benefits the dominant tenement from the servient tenement's property.

  3. Represents a major type of property restriction.

  4. Provides utility access solely via public easements.

  5. Granted exclusively through county court orders.

  6. Works favorably for servient tenements.

The correct answer is: Benefits the dominant tenement from the servient tenement's property.

The definition that best describes an easement's purpose focuses on the relationship between the dominant and servient tenements. An easement is a legal right to use another person's land for a specific purpose. The dominant tenement benefits from this arrangement, as it allows the owner of that property to access, utilize, or benefit from another property (the servient tenement) while the servient property owner still retains ownership. This relationship underscores the function of easements as tools for allowing specific legal uses of land that would not disrupt the overall ownership rights of the servient tenement. For instance, a property owner may need access through a neighbor's land for a driveway or utility line; the easement ensures that this access is legally recognized and protected. In contrast, the other options present definitions that do not accurately capture the essence of what an easement is. For instance, the notion of "unrestricted land use" does not apply since easements are limited and defined to specific uses. Additionally, ease of access can come from various sources, not just public easements or court orders, and easements do not work favorably for servient tenements; rather, they are generally seen as a burden on those properties. Finally, easements are