Which type of easement benefits a specific parcel of land rather than a person?

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

The correct answer is that an easement appurtenant benefits a specific parcel of land rather than an individual person. This type of easement creates a legal right for the use of a portion of one property for the benefit of another property, known as the dominant estate. The property that is subject to the easement is referred to as the servient estate.

For example, if a piece of land (dominant estate) has an easement that allows its owner to cross over a neighboring property (servient estate) to access a road, this arrangement ties the easement to the land itself. If the ownership of the dominant estate changes hands, the new owner will continue to benefit from the easement, as it is attached to the land and not the owner.

In contrast, an easement in gross benefits a specific person or entity rather than a parcel of land. A prescriptive easement is obtained through the continuous and open use of someone else's property without permission, while a temporary easement is granted for a limited time for specific purposes, neither of which align with the definition of benefiting a specific parcel of land. Thus, easement appurtenant distinctly serves the land and its interests rather than the personal interests of individuals.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy