Humber/Ontario Real Estate Course 2 Exam Practice

What is true about an easement in property law?

1. Is always registered on title and 'runs with the land.'

2. Has a dominant tenement which is the land that receives a benefit over a servient tenement.

3. Is best described as a restrictive covenant.

4. Has a servient tenement which is the property that has the right over another property.

5. Cannot be extinguished once it is registered.

6. Must be agreed upon by all parties to be valid.

The correct answer is: Has a dominant tenement which is the land that receives a benefit over a servient tenement.

An easement in property law involves a dominant tenement, which is the land that receives a benefit over a servient tenement. This means that the owner of the dominant tenement is granted certain rights over the servient tenement, such as the right to use a pathway or driveway. This relationship between the dominant and servient tenement is fundamental to the concept of an easement. Option A is incorrect because an easement is not always registered on title, although it may be in some cases. Option C is incorrect because a restrictive covenant is a different concept in property law. Option D is incorrect because the servient tenement is the property that is subject to the rights of the dominant tenement. Option E is incorrect because easements can be extinguished under certain circumstances. Option F is incorrect because an easement can be established through various legal means and does not necessarily require the agreement of all parties involved.