An easement that benefits a particular parcel of land is called:
Correct Answer
B) An easement appurtenant
An easement appurtenant benefits a particular parcel of land (the dominant estate) and typically runs with the land when it's sold. An easement in gross benefits an individual or entity rather than a specific parcel.
Why This Is the Correct Answer
An easement appurtenant specifically benefits a particular parcel of land, known as the dominant estate, while burdening another parcel called the servient estate. This type of easement is permanently attached to the land and automatically transfers with ownership when the dominant estate is sold. The easement exists to serve the needs of the land itself, not any particular individual owner.
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 particular parcel of land, making it personal to the holder and typically not transferable with land ownership.
Option C: A prescriptive easement
A prescriptive easement refers to how an easement is acquired (through continuous use over time), not what it benefits - it could be either appurtenant or in gross.
Option D: A deed restriction
A deed restriction is a limitation on land use written into the deed, which is different from an easement that grants usage rights to others.
APP-urtenant = APP-lies to Property
Remember 'APPurtenant = APPlies to Property' - the 'APP' in appurtenant reminds you it applies to and benefits a specific property/parcel of land, not a person.
How to use: When you see a question about easements benefiting land, think 'APP' - if it APPlies to Property, it's APPurtenant.
Exam Tip
Look for key phrases like 'benefits a parcel of land,' 'runs with the land,' or 'dominant estate' which signal an easement appurtenant rather than in gross.
Common Mistakes to Avoid
- -Confusing easement appurtenant with easement in gross
- -Thinking prescriptive easements are a separate category from appurtenant/in gross
- -Assuming all easements benefit individuals rather than land
Concept Deep Dive
Analysis
This question tests understanding of different types of easements and their relationship to land ownership. Easements can be classified based on who or what they benefit - either a specific parcel of land or an individual/entity. The key distinction is whether the easement 'runs with the land' (transfers automatically when property is sold) or belongs to a specific person or organization. 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 specific usage rights to others. They are classified as either appurtenant (benefiting land) or in gross (benefiting individuals/entities), and can be created through various methods including express grant, prescription, or necessity.
Real-World Application
When appraising a property with a driveway easement across a neighbor's land for access, this easement appurtenant increases the subject property's value and marketability since future owners will automatically inherit this access right.
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