Humber/Ontario Real Estate Course 1 Exam Practice

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Which of the following is NOT an easement?

  1. Mutual shared driveway between two adjacent houses.

  2. Parking restrictions that apply to all houses in a plan of subdivision.

  3. Electrical service lines buried just inside the lot lines of several abutting houses on a street.

  4. Party wall that is shared by owners of two semi-detached houses.

  5. Utility access allowing maintenance workers entry to a property.

  6. Shared access way leading to a common beach area.

The correct answer is: Parking restrictions that apply to all houses in a plan of subdivision.

Parking restrictions that apply to all houses in a plan of subdivision do not constitute an easement. An easement is a right to use the land of another for a specific purpose, typically associated with the use of the property itself, such as access or utility lines. In contrast, parking restrictions are more of a regulatory nature as they govern behavior rather than granting rights to use land. In the context of the other options, a mutual shared driveway facilitates access between two adjacent homes, which is clearly an easement involving shared usage. Electrical service lines buried along lot lines provide utility access for all properties involved, indicating a right to use the land for a specific service. The party wall between semi-detached houses offers shared structural support and boundaries, which again fits the definition of an easement. Utility access for maintenance also exemplifies a right of entry for a certain utility purpose, and a shared access way to a beach provides a clear example of an easement allowing specific use of property adjacent to the beach area.