Classifying an easement by what it benefits, rather than how it arose or its duration, what term describes a right attached to and benefiting an identified dominant parcel?
Correct Answer
D) An easement appurtenant
An easement appurtenant benefits the identified dominant parcel. In-gross describes a benefit held apart from a dominant parcel. Prescription describes a method of acquisition and temporary describes duration; neither by itself answers which property receives the benefit.
Why This Is the Correct Answer
Option D is correct because an easement appurtenant is legally connected to and benefits a dominant parcel of land. The benefit runs with that parcel rather than belonging to a person or entity apart from land ownership. Of the two traditional beneficiary categories, appurtenant and in gross, only appurtenant matches a right attached to a dominant parcel.
Why the Other Options Are Wrong
Option A: A prescriptive easement
Option A, a prescriptive easement, describes how an easement arose (through qualifying adverse use over time), not what it benefits. The method of acquisition does not by itself tell you whether the right benefits a dominant parcel.
Option B: An easement in gross
Option B, an easement in gross, is a right held by a person or entity apart from ownership of any dominant parcel. That is the opposite of a right attached to and benefiting an identified dominant parcel.
Option C: A temporary easement
Option C, a temporary easement, describes the duration of the right, not its beneficiary. The stem asks for a classification by what the easement benefits, so a duration label does not answer it.
Appurtenant attaches to land
Think of appurtenant as 'appended' to a parcel: the benefit is attached to the dominant land. In gross is held 'by a person,' with no dominant land.
How to use: Use this when a question asks who or what an easement benefits rather than how it was created.
Exam Tip
Check which classification axis the stem names: beneficiary, creation method or duration. Pick the answer from that axis only.
Common Mistakes to Avoid
- -Choosing prescriptive because the question mentions how easements are classified, even though prescription describes acquisition, not beneficiary
- -Confusing in gross with appurtenant and assuming every easement must benefit a neighboring parcel
- -Treating duration labels such as temporary as a beneficiary classification
Concept Deep Dive
Analysis
This question tests whether you can classify an easement by who or what receives the benefit, rather than by how it was created or how long it lasts. The stem describes a right attached to and benefiting an identified dominant parcel, which points to the beneficiary-based category tied to land.
Background Knowledge
Easements can be classified several ways: by beneficiary (appurtenant or in gross), by method of creation (express, implied, prescriptive) and by duration. An appurtenant easement involves a dominant estate that benefits and a servient estate that is burdened. These categories can overlap, so one easement may be both prescriptive and appurtenant.
Real-World Application
An appraiser reviewing a title report finds a recorded driveway easement that lets the rear lot cross the front lot to reach the street. The rear lot is the dominant parcel and the front lot is servient, so the appraiser analyzes the benefit to one and the burden on the other.
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