A documented utility easement benefits the utility entity independently of any dominant parcel. Classifying it by beneficiary, what type is it?
Correct Answer
D) An easement in gross
An in-gross easement benefits the identified person or entity independently of ownership of a dominant parcel. An appurtenant easement benefits a dominant parcel, which need not always be adjacent. Prescription describes acquisition method and can overlap the beneficiary classification.
Why This Is the Correct Answer
Option D is correct because an easement in gross exists where there is no dominant estate, only a servient estate, and the benefit belongs to a person or entity. A powerline right-of-way granted to a utility company is a classic example. The utility holds the right independently of owning any benefited parcel.
Why the Other Options Are Wrong
Option A: A prescriptive easement
Option A, a prescriptive easement, describes how an easement is acquired through qualifying adverse use, not who benefits. Prescription can overlap with beneficiary categories, so it does not answer a beneficiary-based question.
Option B: A deed restriction
Option B, a deed restriction, is a limitation on how land may be used, not a right of use granted to an entity. A utility's right to run lines across land is an easement, not a deed restriction.
Option C: An easement appurtenant
Option C, an easement appurtenant, benefits a dominant parcel. The stem says this easement benefits the utility independently of any dominant parcel, so it is not appurtenant.
Gross means no dominant land
In gross: the right belongs to someone, not to some land. Utilities hold easements in gross.
How to use: Use this when an easement benefits a company or person rather than a neighboring parcel.
Exam Tip
Ask whether there is a dominant parcel. If only a servient parcel is burdened and the benefit belongs to an entity, choose in gross.
Common Mistakes to Avoid
- -Assuming every easement must have a dominant parcel
- -Confusing a deed restriction with an easement
- -Mixing the method of creation (prescription) with the beneficiary classification
Concept Deep Dive
Analysis
This question tests easement classification by beneficiary. The utility easement benefits the utility entity with no dominant parcel, which defines an easement in gross.
Background Knowledge
Easements classified by beneficiary are either appurtenant, benefiting a dominant parcel, or in gross, benefiting a person or entity with no dominant parcel. Utility, pipeline and similar rights-of-way are common examples of commercial easements in gross. An appurtenant easement's dominant parcel need not always be adjacent to the servient parcel.
Real-World Application
A title report shows a recorded electric transmission easement across the back of a residential lot in favor of the power company. The appraiser identifies it as an easement in gross and analyzes any effect on site utility and marketability.
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