Humber/Ontario Real Estate Course 3 Exam Practice

Once established, how is an easement best described?

1. A right granted to one landowner over the land of another.

2. A voluntary and non-binding agreement between neighbors.

3. Requires that the benefiting land be subject to the easement.

4. Must involve adjoining land properties.

5. A conditional agreement dependent on landowners' discretion.

6. A short-term arrangement between adjacent property owners.

The correct answer is: A right granted to one landowner over the land of another.

The correct description of an easement is that it is a right granted to one landowner over the land of another. This definition accurately captures the essence of what an easement is, which allows for specific uses of land for purposes such as access or utility placement. Easements establish a legal right that persists regardless of ownership, signifying that even if the property owner changes, the easement remains in effect. This underline's the nature of an easement as a recognized and enforceable property right, which distinguishes it from informal agreements or temporary arrangements. The option regarding a voluntary and non-binding agreement misrepresents the legal weight that easements carry, as they are formalized rights that must be adhered to and can be enforceable in a court of law. Similarly, easements are not conditional agreements dependent on landowners' discretion; they are typically established through legal documentation, and their terms do not fluctuate based on the landowners' wishes after creation. An easement might not always involve adjoining land properties—the benefit of an easement can apply to land that is not directly adjacent. Moreover, easements can be either permanent or for a specific term, but they are generally not short-term or temporary arrangements, reinforcing that these rights are meant