Humber/Ontario Real Estate Course 1 Exam Practice

Which method does NOT create an easement?

1. Prescriptive easement

2. Easement by necessity

3. Express grant

4. Equitable estoppel

5. Easement by reservation

6. Statutory easement

The correct answer is: Equitable estoppel

The method that does not create an easement is equitable estoppel. Equitable estoppel is a legal doctrine used in circumstances where one party is prevented from asserting a claim or a right due to the actions or representations they have made, which have led another party to reasonably rely on them. It is not a means of establishing an easement, but rather a way to enforce fairness in an agreement or situation where an expected legal right could be claimed. In contrast, the other methods listed—prescriptive easement, easement by necessity, express grant, easement by reservation, and statutory easement—are recognized legal methods of creating an easement. Each involves a specific process or legal principle that results in the establishment of an easement, thereby granting certain rights of use to one party over the property of another. For example, a prescriptive easement arises from continuous and open use without permission, while an express grant is a direct agreement between parties.