Chapter 3 easement Flashcards
In British Columbia there are three basic requirements for an easement. Which one of the following is a requirement?
(1) The easement must be negative in nature.
(2) The easement must accommodate the servient tenement.
(3) The dominant and servient tenements must be owned by different parties.
(4) The easement must be capable of forming the subject matter of a grant.
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In British Columbia there are three basic requirements for an easement. Which one of the following is a requirement?
(1) The easement must be negative in nature.
(2) The easement must accommodate the servient tenement.
(3) The dominant and servient tenements must be owned by different parties.
(4) The easement must be capable of forming the subject matter of a grant.
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A building scheme is:
(1) a special example of a group of easements attaching to two or more lots in a development.
(2) used by developers to protect the buyer’s rights to build according to their own tastes.
(3) a set of restrictions on a development used to maintain uniformity.
(4) a document filed with the disclosure statement on a conversion of an existing building to a condominium.
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Where two neighbouring landowners contract to prevent one of them from putting his land to a certain use, they are said to have created:
(1) a licence.
(2) a limiting caveat.
(3) a restrictive covenant.
(4) an easement.
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In British Columbia there are three basic requirements for an easement. Which one of the following is NOT a requirement?
(1) There must be a dominant and servient tenement.
(2) The easement must accommodate the dominant tenement.
(3) The dominant and servient tenements must be owned by different parties.
(4) The easement must be capable of forming the subject matter of a grant.
3
Mary registers a document, given to her by John, in the Land Title Office. The document states that: “I, John, grant to Mary and her heirs, assigns, executors and administrators, a
right of way for persons and vehicles along and upon the easterly 30 feet of the southerly 64 feet of Lot 1, Plan 910, in order to give access to Mary’s property, Lot 2, Plan 910.”
The interest granted is:
(1) a restrictive covenant.
(2) a lease.
(3) a licence.
(4) an easement.
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Which of the following is an interest in land that can be valued?
(1) an easement or right-of-way
(2) airspace above land
(3) a tenancy agreement
(4) all of the above
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In British Columbia there are three basic requirements for an easement. Which of the following is one of the requirements?
(1) the easement is negative in effect
(2) the easement has identifiable or defined boundaries
(3) there must be a servient tenement adjoining a dominant tenement
(4) the grantor must be in actual occupation of the servient tenement at the time he or she grants the easement
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Which of the following statements about easements are TRUE?
A. The person enjoying the benefit is the dominant tenement.
B. The granting of an easement by one landowner to another conveys ownership of the easement area to the dominant tenement owner.
C. Where a right or privilege over land benefits a long established trade on a dominant tenement, this has been held by the court in some cases to be sufficient to create an easement.
D. A tenant who occupies land under a twenty year lease can grant an easement to a neighbouring property owner and the easement, if registered in the land title office, will run with the land even after the lease expires.
(1) Only A and C are true.
(2) Only A, B and D are true.
(3) Only C is true.
(4) Only A and D are true.
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Which of the following is NOT one of the three main classifications of interests in land that are less than estates?
(1) easements
(2) profits-a-prendre
(3) restrictive covenants
(4) life tenancies
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