Which of the following is NOT a factor to check in relation to an easement affecting a property?

• A. Check that the easement affects the lender’s security and is referred in the Report on Title
• B. Check the CON29DW search
• C. Check replies to the Property Information Form
• D. Review the beneficiary’s title deeds for ownership

Answer: (D)

An easement is a right that runs with land and can affect how the property is used and its value, so you verify it through the property's title and official information rather than through unrelated ownership records. It’s essential to ensure the easement is disclosed to protect the lender’s security, which is why you check that the easement is referred to in the Report on Title. You also look at the CON29DW drainage and water information because some easements relate to drainage or water rights, and you review replies to the Property Information Form to catch any known rights or interests disclosed by the seller.

Reviewing the beneficiary’s title deeds for ownership isn’t necessary to identify or understand an easement affecting the property. The existence and terms of the easement are found in the property’s own title documents and in the relevant searches and forms, not in the ownership details of the land that benefits from the easement.