Humber/Ontario Real Estate Course 1 Exam Practice

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Regarding easements, which property is the dominant tenement if an easement exists over a portion of the rear yard of another property?

  1. The owner of the burdened property can terminate the easement at any time.

  2. The property having the easement is the dominant tenement.

  3. The property served by the easement is the dominant tenement.

  4. The easement ceases to exist if the property is sold.

The correct answer is: The property served by the easement is the dominant tenement.

In this scenario, the property served by the easement is considered the dominant tenement. This means that the property benefiting from the easement has the right to use the specific portion of the rear yard of the burdened property for a particular purpose, such as access or passage. The owner of the burdened property cannot unilaterally terminate the easement, as it is a legal right attached to the dominant property. The easement does not cease to exist if the property is sold, as it is an interest in the land itself rather than in the owner. While options A, B, and D present common misconceptions about easements, option C correctly identifies that the property served by the easement is the dominant tenement and has the legal right to use the easement as specified.