Humber/Ontario Real Estate Course 1 Exam Practice

If Property Owner Aaron needs an easement over Property Owner Cameron's lot in order to access Aaron's backyard and the two owners agree to that arrangement, how has the easement been created?

1. Express Grant

2. Prescription

3. Implication

4. Statute

5. Necessity

6. Adverse Possession

The correct answer is: Express Grant

In the scenario provided, where Property Owner Aaron needs an easement over Property Owner Cameron's lot to access Aaron's backyard and both owners agree to this arrangement, the easement has been created through an Express Grant. An express grant is when an easement is created by a written agreement or deed between the parties involved. In this case, both Aaron and Cameron have agreed to the arrangement, which indicates an express grant of the easement. It is important to note why the other options are incorrect: - Prescription: This involves acquiring an easement through continuous, unauthorized use over a long period of time. - Implication: An easement by implication arises where there is a common ownership followed by a separation of the titles and one of the properties becomes restricted due to the prior use. - Statute: Easements can be created by statute in certain circumstances, but in this case, an express grant through agreement is the most suitable explanation. - Necessity: An easement by necessity is created when a landowner has no other reasonable access to their land, which is not the case in the scenario provided. - Adverse Possession: This involves acquiring ownership of land through continuous and hostile possession over a statutory period, which is not relevant