Humber/Ontario Real Estate Course 1 Exam Practice

What is NOT a method for terminating an easement?

1. A Court Order

2. Properties merging under one title

3. The dominant tenement releases the servient tenement

4. The reason for the easement no longer exists

5. The property is rezoned

6. The easement term expires

The correct answer is: A Court Order

The correct response highlights that a court order is not a typical method used to terminate an easement. When considering how easements can come to an end, several established methods are recognized in real estate practice. One valid method for the termination of an easement includes the merging of dominant and servient tenements, whereby one party consolidates ownership of both properties, resulting in the automatic termination of the easement. Additionally, if the owner of the dominant tenement decides to formally relinquish the rights associated with the easement, that too would effectively terminate it. Furthermore, an easement would cease to exist if the necessity that created it is eliminated or if the easement was established for a specific period that has since expired. In contrast, rezoning of the property does not inherently affect the legal status of an easement. Rezoning is a separate matter related to land use and does not directly lead to the termination of existing easements. Thus, understanding the context of these methods is essential when identifying how easements can be appropriately terminated.