Humber/Ontario Real Estate Course 1 Exam Practice

Which statement is NOT correct regarding easements?

1. Two of four ways to create an easement are by express grant and by statute

2. If an individual owns two adjacent lots, one cannot be the servient tenement and the other the dominant tenement

3. If two properties are not abutting, an easement cannot be created

4. The owner of the servient tenement cannot build a structure on the right-of-way

5. Easements can also be created implicitly and through necessity

6. Maintaining the easement is the responsibility of the dominant tenement

The correct answer is: If two properties are not abutting, an easement cannot be created

In this question, option C is incorrect because it states that if two properties are not abutting, an easement cannot be created. This statement is not true as easements can indeed be created between non-abutting properties. Easements can be established over a separate parcel of land to allow access, utilities, or other specific rights, even if the properties are not directly adjacent to each other. Options A, B, D, E, and F are all correct statements regarding easements: - A: Two ways to create an easement are by express grant (written agreement) and by statute (law). - B: It is possible for an individual to own two adjacent lots where one serves as the servient tenement (property burdened by the easement) and the other as the dominant tenement (property benefiting from the easement). - D: The owner of the servient tenement is typically restricted from building structures that would obstruct the right-of-way granted by the easement. - E: Easements can be created not only by express grant and statute but also implicitly (by actions or circumstances) and through necessity (when there is no other reasonable access to a property). - F: It is indeed the responsibility