An Alberta property owner wishes to grant a right-of-way easement to a neighbour for vehicle access across their property. Which of the following is the most appropriate and legally sound method to establish this easement?

Question: An Alberta property owner wishes to grant a right-of-way easement to a neighbour for vehicle access across their property. Which of the following is the most appropriate and legally sound method to establish this easement?

Answer options:

• A verbal agreement witnessed by a third party.
• A simple written note signed by both parties but not registered. ✅ A formal Easement Agreement prepared by a lawyer, signed by both parties, and registered against both the servient and dominant titles at the Land Titles Office.
• A handshake agreement followed by public display of a 'Right-of-Way' sign on the property.

Correct answer: A formal Easement Agreement prepared by a lawyer, signed by both parties, and registered against both the servient and dominant titles at the Land Titles Office.

Explanation: For an easement to be a legally recognized interest 'running with the land' and binding on future owners in Alberta, it must be created by a formal instrument, such as an Easement Agreement, and registered against the Certificate of Title for both the dominant and servient lands under the Land Titles Act. This ensures public notice and enforceability.