Course 1, Module 3, Lesson 2 Flashcards
Define Easement in FOUR points
- It is enjoyed by one landowner over the land of another
- Granted for a special purpose rather than for general use or occupation
- It does not grant ownership
- Easements are attached to the land not the owner
What must you do after discussing an easement with a buyer?
properly document the easement in the agreement of purchase and sale
What are SIX characteristics of an Easement?
- It is created for a specific use
- There are (usually) dominant and servient tenements
- There are two different parties involved (can be the same person)
- Sole benefit (only the dominant can benefit)
- Transferable (registered against title not with land owner)
- The dominant and servient don’t have to be adjoining (ie might be able to go around one townhouse but not the other to get to dumpster)
What are FOUR ways to create an easement?
- Statute, through section 21 of the public lands act (gov says hydro needs to access x, y, z)
- Implication (to avoid detrimental effects or inconvenience to adjoining property [ie: the other property owner would be landlocked otherwise])
- Prescription (been using it that way for so long it becomes codified)
- Express Grant (neighbour grant easement the chill way)
What are THREE ways to terminate an easement?
- Merge (dominant and servient tenements become one)
- Release (dominant releases servient by removing easement on title
- Ceasing of purpose (original ROW was to access cottage and a public road is created which allows access)
What are THREE types of easements?
- Right of way
- Party wall
- Mutual shared driveway
What is the most common easement?
Right of way - ie allows you to pass through lands of another
What must happen when something is planned to be done to a party wall (type of easement) that will affect both parties?
The other party must be notified and agree with it
What sort of easements will a survey show?
Those that utility companies and others have over the property
What are the FOUR types of private restrictions that can affect a property?
- Restrictive covenant
- Adverse possession
- Encroachment
- Profit-à-prendre
What are THREE aspects of a Restrictive Covenant?
- Legally binding
- Runs with the land
- Must be negative and reasonable in nature
What is the origin of most restrictive covenants?
Many originate in subdivision agreements and become part of the municipal structure
What is ONE typical example of a restrictive covenant?
- Architectural guidelines that require the house be kept in a certain colour
When does encroachment occur?
Usually when your neighbour has built something on your property. At this point they can enter into an encroachment agreement to keep the structure for a specified period of time
What is a clear example of Adverse Possession (or Squatter’s Rights)?
neighbour builds fence and it is built a bit on your property. The fence stands for at least 10 years. when the new owners go to try to tear it down and get it off their property, they might not to.
