It is a non possessory interest in other person’s land. The non possessory nature of easement is causing confusion. It is the interest in the property which will allow the holder to use the property which is not owned or possessed by him. An easement holder is not allowed to hold the land. Easement will be used by the land possessor and the easement holder of the land will be excluded from this category. The land which is affected by the easement will be known as the Servient estate and the person who is benefited from the easement, such person is called as the person with dominant estate.
It is the use of property over the other. Its uses in the traditional period were limited. Easement is normally conveyed from one person to another with the help of will, contract and deeds. Multiple listing Services (MLS) is the type of easement which is normally used by the group of real estate brokers. It allows to see the listing of properties for sale. It is the non possessory interest that allows the holder only to use the land but not its ownership. Such easement is attached to the land and always provides benefits to its owners. Estate of land is not appurtenant by it. Easement can be affirmative or negative.
In case, the easement is affirmative, the holder can do anything on other’s land. But in case of negative easement, it is the divestment of the owner from doing something on the land. It can be achieved with the help of different ways. There is an easement which is clearly statement in the will and deed called as express easement. There is an easement of implication where the owner of the land divides it into pieces and the right is retained by him in order to enter the piece of land.
Canadian Real Estate Organisation (CREA) works on behalf of public.
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Toronto Real Estate Board (TREB) is the one which has over 43000 employees working as salesperson. It is operating in the Greater Toronto.