Humber/Ontario Real Estate Course 3 Exam Practice

Which statement best describes an easement?

1. Always registered on title and runs with the land

2. Benefits the dominant tenement over the servient tenement

3. Best described as a restrictive covenant

4. Grants the servient tenement rights over another property

5. Doesn't need legal documentation

6. Can be terminated at any time by the servient tenement

The correct answer is: Benefits the dominant tenement over the servient tenement

The correct choice highlights that an easement provides a benefit to the dominant tenement, which is the property that receives the benefit of the easement, over the servient tenement, which is the property that is burdened by the easement. This distinction is crucial in understanding the nature of easements, as they are legal rights to use another person's land for a specific purpose, such as access or utility lines. The relationship between the two properties is fundamental; the dominant tenement gains a right or benefit that enhances its utility, while the servient tenement bears the burden of that right. A well-recognized example of this is when a property owner is granted a right of way over a neighbor’s land. This understanding clarifies why the other choices do not accurately describe what an easement is. Options discussing registration, restrictive covenants, or the ability to end an easement do not capture the relationship and functional purpose of an easement in property rights.