An easement that benefits a particular parcel of land and transfers with ownership of that parcel is called:
Correct Answer
B) An easement appurtenant
An easement appurtenant benefits a specific parcel (dominant estate) and runs with the land, automatically transferring to new owners. This differs from an easement in gross, which benefits an individual or entity rather than land.
Why This Is the Correct Answer
An easement appurtenant creates a relationship between two parcels of land - the dominant estate (which benefits) and the servient estate (which is burdened). This type of easement is considered to 'run with the land,' meaning it automatically transfers to new owners when the dominant estate is sold. The easement is permanently attached to the benefiting parcel and cannot be separated from it, making it an appurtenant right that enhances the dominant property's value and utility.
Why the Other Options Are Wrong
Option A: An easement in gross
An easement in gross benefits a specific person or entity rather than a parcel of land, and typically does not transfer automatically with property ownership. It is personal to the holder and may not run with the land.
Option C: A prescriptive easement
A prescriptive easement refers to how an easement is created (through continuous, open, and hostile use over time), not whether it benefits a particular parcel or transfers with ownership. It describes the method of acquisition, not the type of easement relationship.
Option D: A temporary easement
A temporary easement refers to the duration of the easement right, not whether it benefits a particular parcel or transfers with ownership. Temporary easements have a specific time limit and expire automatically.
APP-urtenant = Attached to Property Permanently
Remember 'APP-urtenant' = 'Attached to Property Permanently.' The word 'appurtenant' contains 'APP' which reminds you it's Attached to Property Permanently, meaning it benefits a specific parcel and transfers with ownership.
How to use: When you see a question about easements that benefit specific parcels and transfer with ownership, think 'APP' - this signals easement appurtenant. If the question mentions benefiting a person or entity instead of land, think 'in gross.'
Exam Tip
Look for key phrases like 'benefits a particular parcel,' 'transfers with ownership,' or 'runs with the land' - these are strong indicators of easement appurtenant. Distinguish from 'benefits a person/entity' which indicates easement in gross.
Common Mistakes to Avoid
- -Confusing easement appurtenant with easement in gross
- -Thinking prescriptive refers to the type rather than method of creation
- -Assuming all easements automatically transfer with property ownership
Concept Deep Dive
Analysis
This question tests understanding of different types of easements and their relationship to property ownership. Easements can be classified based on who benefits from them and how they transfer with property ownership. The key distinction is between easements that benefit specific parcels of land (appurtenant) versus those that benefit individuals or entities (in gross). Understanding this classification is crucial for appraisers as it affects property rights, marketability, and valuation.
Background Knowledge
Easements are non-possessory interests in land that grant the right to use another's property for a specific purpose. They can be classified by who benefits (appurtenant vs. in gross), how they're created (express, implied, prescriptive), and their duration (permanent vs. temporary). Understanding these classifications is essential for determining how easements affect property rights and values.
Real-World Application
In appraisal practice, easements appurtenant commonly include shared driveways, utility access rights, or beach access easements that benefit waterfront properties. These easements typically add value to the dominant estate and must be considered in the valuation process since they transfer automatically to new owners and enhance property utility.
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