An easement of passage across Smith's property would be a(n)

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

An easement of passage across Smith's property is classified as an encumbrance because it represents a legal right that certain individuals have to use the property for a specific purpose, in this case, passage. An encumbrance refers to any claim, lien, or restriction on a property that may affect its value or the owner's use of it. Easements are rights granted to individuals or entities that allow them to use a portion of someone else's property for designated purposes, such as accessing a road or crossing land.

In contrast, a license is typically a temporary permission to use someone's property, which can be revoked at any time. A deed is a legal document that transfers property ownership from one party to another, and a mortgage is a loan secured by real estate. These options do not fit the definition of an encumbrance since they do not involve a lasting right to access or use someone else's property in the same manner as an easement. Therefore, identifying an easement of passage as an encumbrance is accurate, as it entails ongoing rights associated with the property that can impact both the owner's use and the property's value.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy