Humber/Ontario Real Estate Course 1 Exam Practice

Which describes a dominant tenement?

1. Must abut the servient tenement in order for an easement to be granted.

2. Is the land that receives a benefit over a servient tenement.

3. Can continue to enforce rights associated with an easement, only if subsequent owners of the servient lands agree.

4. Can be created by an express grant, but not by a statute.

The correct answer is: Is the land that receives a benefit over a servient tenement.

The correct choice describes a dominant tenement as the land that receives a benefit over a servient tenement. In the context of easements, the dominant tenement is the property that benefits from the rights granted by an easement over the servient tenement. The servient tenement is the property that is burdened by the easement and must allow the dominant tenement to exercise its rights. This relationship is fundamental in property law, especially concerning access rights and other property uses. Other choices do not accurately define a dominant tenement. For instance, while it is true that easements generally require the servient and dominant tenement to be adjacent, this is too specific and doesn't encompass all types of easements that can involve non-abutting properties. The idea that rights can only be enforced with the agreement of subsequent owners of the servient lands misrepresents the nature of easements, as they typically run with the land and bind future owners regardless of their agreement. Lastly, while easements can indeed be created by an express grant, they can also arise by prescription or implication, not just by express grants, which suggests that the creation of an easement isn't strictly limited to that method.