In BC, what is the effect of registering an easement against the title of the servient tenement at the Land Title Office?

Q: What is the correct answer to: In BC, what is the effect of registering an easement against the title of the servient tenement at the Land Title Office?

The correct answer is The easement runs with the land and binds all subsequent owners of the servient tenement. Option B is correct because once an easement is registered against the title of the servient tenement at the Land Title Office, it runs with the land under the Land Title Act. This means the easement binds all current and subsequent owners of the servient tenement. The easement does not terminate when the property is sold; it continues as a registered charge on title, providing the dominant tenement owner with an enduring right.

Q: What background knowledge is needed for this Real Property Law question?

An easement involves two parcels: the dominant tenement (which benefits) and the servient tenement (which is burdened). In BC, easements can be created by express grant, prescription, or statute. Once registered at the Land Title Office, the easement becomes an encumbrance on the servient tenement's title, visible to all who search it. The easement runs with both parcels, meaning it benefits subsequent owners of the dominant tenement and burdens subsequent owners of the servient tenement.

Q: What is a good way to remember the answer to this Real Property Law question?

Remember the three E's: Easements Endure through Every change of ownership. Once registered, they stick to the land like glue — not to the person. They run with the land, not with the owner. When the exam asks about the effect of registering an easement, look for 'runs with the land' and 'binds subsequent owners.' Reject any answer suggesting the easement is temporary or personal.

Q: What exam tip applies to this Real Property Law question?

Distinguish between easements (non-possessory, runs with the land) and licences (personal, revocable, does not run with the land). If the question mentions registration at the LTO, the interest almost certainly runs with the land.

Q: How does this Real Property Law concept apply in real world practice?

A homeowner grants a registered easement to BC Hydro for power lines across their backyard. Ten years later, the homeowner sells the property. The new buyer discovers the easement on the title search. Because it is registered, the easement binds the new buyer, and BC Hydro retains its right to access and maintain the power lines across the property.

Question

Real Property LawBCMEDIUM

In BC, what is the effect of registering an easement against the title of the servient tenement at the Land Title Office?

Answer Options

A

The easement is valid only during the current owner's lifetime

B

The easement runs with the land and binds all subsequent owners of the servient tenement

C

The easement expires automatically after 25 years unless renewed

D

The easement grants the holder possessory rights equivalent to a lease