An easement on a property referred to in a sale is known as what type of property right?

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

An easement is considered an encumbrance because it involves a right that a third party has to use or restrict the use of a property owned by another. Specifically, an easement allows someone other than the property owner to access or utilize a portion of the property for a particular purpose, such as a right-of-way or utility access. This arrangement impacts the property's value and the owner's bundle of rights associated with it, making it a form of an encumbrance.

In contrast, a license allows temporary use of a property, usually revocable, and does not create a lasting interest like an easement. Tenancy refers to the possession of property by a tenant under a lease agreement, which does not necessarily relate to the rights associated with an easement. Title denotes ownership of property, which contrasts with the concept of an easement as a right held by others, not the property owner. Thus, classifying an easement as an encumbrance accurately reflects its nature in relation to property rights.

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