A utility company holds a powerline right-of-way across a farm, and no neighboring parcel benefits from it. What kind of easement is this?
Correct Answer
B) An easement in gross
An easement in gross has a servient estate but no dominant estate; a utility right-of-way is the standard example. An appurtenant easement benefits an adjoining parcel, a license is revocable, and a profit allows removal of resources.
Why This Is the Correct Answer
Option B is correct because an easement in gross exists where there is no dominant estate, only a servient estate. A powerline right-of-way granted to a utility company is the standard example. The farm is burdened, but no neighboring parcel benefits.
Why the Other Options Are Wrong
Option A: An easement appurtenant
Option A, an easement appurtenant, benefits an adjoining parcel, the dominant estate. The stem states no neighboring parcel benefits, so this does not fit.
Option C: A license
Option C, a license, is permission to use land that is generally revocable and is not an interest in the land. A utility's established right-of-way is an easement, not a revocable license.
Option D: A profit à prendre
Option D, a profit a prendre, is the right to remove resources such as timber, minerals or crops from the land. Running a powerline does not involve removing resources.
Gross Means No Neighbor
An easement in gross has no neighboring dominant parcel; it belongs to a person or company, like a utility.
How to use: Use this to tell an easement in gross from an appurtenant easement when a stem says whether a neighbor benefits.
Exam Tip
Ask whether another parcel benefits: if yes, the easement is appurtenant; if only a person or company benefits, it is in gross.
Common Mistakes to Avoid
- -Calling a utility easement appurtenant
- -Confusing an easement with a revocable license
- -Ignoring recorded easements in the property analysis
Concept Deep Dive
Analysis
This question tests the difference between an easement in gross and an easement appurtenant. A utility's powerline right-of-way benefits the utility, not any neighboring parcel, so there is a servient estate but no dominant estate. That pattern defines an easement in gross.
Background Knowledge
An easement is a nonpossessory right to use another's land. An easement appurtenant involves a dominant estate that benefits and a servient estate that is burdened, while an easement in gross benefits a person or entity, such as a utility, rather than a parcel. Easements can affect a property's use and value, so appraisers identify and consider them.
Real-World Application
An appraiser valuing a farm finds a recorded utility easement for high-voltage lines crossing the back acreage. The appraiser identifies it as an easement in gross and considers how the restricted strip affects use and value.
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