Humber/Ontario Real Estate Course 1 Exam Practice

An easement can be created in which of the following ways EXCEPT?

1. Prescription

2. Statute

3. Express Grant

4. Necessity

5. Expropriation

6. Implication

The correct answer is: Necessity

An easement can indeed be created through several recognized methods, and one of those methods is by necessity. When a property owner is landlocked and needs access to a public road, an easement by necessity can be established to provide that access. On the other hand, creating an easement through expropriation refers specifically to the government acquiring private property for public use, which does not fit into the traditional methods of easement creation such as prescription, statute, express grant, necessity, or implication. An expropriation typically involves a more formal process and is usually related to public projects rather than the private arrangement or use with respect to an easement. Considering other options, easements can also be created by prescription through continuous use without permission, by statute through legislation, by an express grant where the property owner explicitly grants an easement to another party, and by implication as a result of circumstances that imply an easement exists. Thus, the idea of necessity does not represent an exclusion among the methods listed; rather, it is a valid way to create an easement.