Humber/Ontario Real Estate Course 1 Exam Practice

Which example does NOT involve a servient and a dominant tenement relationship?

1. A common wall between two townhouses

2. A driveway shared by two properties

3. A maintenance road for utility services

4. A public trail crossing private land

5. A homeowner's utility easement

6. Owned adjacent lots, one without easement

The correct answer is: Owned adjacent lots, one without easement

The relationship of servient and dominant tenement is an essential concept in property law, particularly concerning easements. In a typical servient and dominant tenement scenario, one property (the dominant tenement) has the right to use a portion of another property (the servient tenement) for a specific purpose. The other options presented clearly illustrate situations where one property benefits from an easement over another. The scenario involving owned adjacent lots, where one does not have an easement, stands out because there is no relationship of benefit implied for one property over another. Without an easement or any agreement that allows one lot to use parts of the other, there is simply ownership of adjacent lands without any right to access or utilize one property over the other. Thus, it does not fit the servient and dominant tenement definition since no property is being burdened or providing a benefit to the other.