Humber/Ontario Real Estate Course 1 Exam Practice

If Owner Smith wants to buy the neighboring lot and create an easement, allowing access to the rear of his existing property, what is the correct course of action?

1. Yes, when buying the lot next door Smith is assured that he can register the easement.

2. Yes, but he will have to fully describe and register the easement on the title to that property.

3. No, Smith cannot create an easement on the lot being purchased because he has title to both properties.

4. Maybe, but Smith will have to make certain that the existing owner of the lot next door agrees to create that easement.

5. Yes, Smith can create an easement without any additional steps once he purchases the lot.

6. No, easements can only be created through arbitration.

The correct answer is: No, Smith cannot create an easement on the lot being purchased because he has title to both properties.

In this scenario, the correct course of action is indicated by option C. Owner Smith cannot create an easement on the lot being purchased because he already has title to both properties. An easement typically involves granting a non-owner the right to use a portion of the property for a specific purpose. In this case, since Owner Smith already has title to both properties, there would be no need to create an easement for access to the rear of his existing property because he already owns both parcels of land. Options A, B, D, and E are incorrect because they suggest that Owner Smith can create or register an easement when in fact, it is not necessary in this situation. Option F is incorrect because easements are not typically created through arbitration; they are usually created through agreements between property owners or by court order.