All of the following statements regarding an appurtenant easement are true EXCEPT?

Prepare for the Encumbrances Test with multiple choice questions and flashcards. Each question includes hints and explanations. Ace your exam with confidence!

An appurtenant easement is a legal right allowing one piece of land, known as the dominant tenement, to benefit from the use of another piece of land, called the servient tenement. The dominant tenement does not necessarily have to adjoin the servient tenement at one border; rather, it simply needs to derive a benefit from it. This means the two parcels can be separate and not physically connected, which challenges the idea that adjacency is a requirement.

The permanence of the easement is a significant characteristic; it runs with the land, meaning that it remains in effect even when ownership of the properties changes hands. The easement provides ongoing benefit specifically to a piece of land, reinforcing that it is tied to the property rather than the owner. In addition, while the easement is used for the benefit of the dominant tenement, it does not restrict usage to only the property owner. Subsequent owners of the dominant tenement can also utilize the easement.

Thus, the statement regarding the need for the dominant tenement to adjoin the servient tenement is not true, making it the exception among the statements.

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