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Real Property LawEstates And InterestsONMEDIUM

In Ontario, which document is registered to grant an easement over land in the Land Titles system?

Correct Answer

A) A transfer granting the easement, signed by the servient owner

An easement is an interest in land, and the Land Registration Reform Act defines 'land' to include any estate or interest in land and a 'transfer' as a conveyance of freehold land, including a transfer under the Land Titles Act. An easement is therefore granted by a transfer from the servient owner and registered on title; the Land Titles Act itself refers to an easement created by a transfer (s. 40(2)).

Answer Options
A
A transfer granting the easement, signed by the servient owner
B
An Agreement of Purchase and Sale that mentions the easement in a schedule
C
A notice of easement filed with the clerk of the local municipality
D
A charge given by the servient owner in favour of the dominant owner

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Key Terms

easementtransferLand Titles Actservient landLand Registration Reform Act
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