Humber/Ontario Real Estate Course 1 Exam Practice

An easement can be created in which of the following ways EXCEPT?

1. Prescription

2. Statute

3. Express Grant

4. Necessity

5. Expropriation

6. Implication

The correct answer is: Necessity

An easement is a legal right to use someone else's land for a specific purpose. It can be created through various means, and it is essential to understand how these methods operate within real estate law. When looking at the methods of creating an easement, 'necessity' refers to a situation where an easement is granted out of necessity when a landlocked property requires access to a public road. This is indeed a valid method for creating an easement, also known as an easement by necessity. In contrast, easements can also be created through prescription, where a user gains a right to use the property due to long-term use without the owner's permission, by statute, which means that laws can establish easements in certain circumstances, or through an express grant, which is a clearly stated agreement between parties that an easement will be created. Additionally, easements can arise by implication, which occurs when the circumstances imply the need for an easement, even if it has not been formally documented. Expropriation is a legal process where the government takes private property for public use, usually providing compensation. While this can involve easements, it's not a standard method through which easements specifically are created compared to the first five options, which