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First Principles of Business Law |
| Property law |
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2.4. Easements |
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2.4.2. How is an easement acquired? |
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Albert wants to know if, by purchasing and becoming the owner of a dominant property, he would automatically acquire any existing easements over neighbouring servient properties. Which of the following statements is correct? |
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(a) Even if properly registered, an easement is extinguished whenever a dominant property is transferred to a new owner. The new owner of the dominant tenement must re-create the easement if they require it. (b) If properly registered, easements are not extinguished by a transfer of ownership of either the dominant or servient properties. Whoever becomes owner of the dominant tenement continues to enjoy the benefit of the easement. |
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