Humber/Ontario Real Estate Course 1 Exam Practice

In order to legally grant an easement, what requirement must be fulfilled?

1. The servient tenement must be adjacent to the dominant tenement.

2. The dominant tenement must have legal title to the property.

3. Both properties must be registered in the same municipality.

4. There must be explicit consent from both property owners.

The correct answer is: There must be explicit consent from both property owners.

In order to legally grant an easement, there must be explicit consent from both property owners. An easement is a legal right to use another person's land for a specific purpose, and it requires the agreement of both the granting and receiving parties. The other options are incorrect because an easement does not necessarily require the servient tenement to be adjacent to the dominant tenement, the dominant tenement having legal title to the property, or both properties being registered in the same municipality. The key factor in granting an easement is the mutual consent of both property owners involved.