Recorded rights state that a drainage easement benefits Parcel 14 over Parcel 15, while a fiber easement benefits MetroFiber LLC over Parcel 15 with no dominant parcel. How are the benefits classified?
Correct Answer
C) Drainage appurtenant; fiber in gross
The drainage right benefits the identified dominant Parcel 14 and burdens servient Parcel 15, making it appurtenant. The fiber right benefits the named company without a dominant parcel, making it in gross. Creation by recorded instrument does not make every right appurtenant or guarantee perpetual duration; actual scope and terms remain relevant.
Why This Is the Correct Answer
Option C is correct because the drainage easement benefits an identified dominant parcel, Parcel 14, and burdens the servient Parcel 15, which makes it appurtenant. The fiber easement benefits MetroFiber LLC with no dominant parcel, and an easement in gross exists where there is only a servient estate. So drainage is appurtenant and fiber is in gross.
Why the Other Options Are Wrong
Option A: Both are in gross
Option A, both in gross, misclassifies the drainage easement. That right benefits a specific dominant parcel, Parcel 14, so it is appurtenant rather than in gross.
Option B: Drainage in gross; fiber appurtenant
Option B, drainage in gross and fiber appurtenant, reverses the two. The drainage right has a dominant parcel and is appurtenant, while the fiber right benefits a company with no dominant parcel and is in gross.
Option D: Both are appurtenant
Option D, both appurtenant, misclassifies the fiber easement. It benefits MetroFiber LLC with no dominant parcel, and without a dominant estate the easement is in gross, even though it was created by a recorded instrument.
Two parcels means appurtenant
If you can name both a benefited parcel and a burdened parcel, the easement is appurtenant. If only a burdened parcel exists and the holder is a person or company, it is in gross.
How to use: Use this by asking who or what receives the benefit before choosing the classification.
Exam Tip
Look for the words dominant parcel or a named benefited lot to identify an appurtenant easement. A utility or company holding a right with no benefited parcel points to an easement in gross.
Common Mistakes to Avoid
- -Assuming a recorded easement is appurtenant just because it is recorded
- -Treating a utility company's easement as having a dominant parcel
- -Mixing up which parcel is dominant and which is servient
Concept Deep Dive
Analysis
This question tests the difference between an appurtenant easement and an easement in gross. The key is whether the benefit attaches to a dominant parcel of land or to a person or company with no dominant parcel. Identify the dominant estate, if any, for each right and classify accordingly.
Background Knowledge
An appurtenant easement benefits a dominant parcel and burdens a servient parcel, and it typically runs with the land. An easement in gross benefits a person or entity, such as a utility, rather than a parcel, so there is a servient estate but no dominant estate. Recording an easement does not by itself determine which type it is.
Real-World Application
A title report for a subject lot shows a recorded drainage easement benefiting the neighboring lot and a telecom easement benefiting a fiber company. The appraiser describes the drainage right as appurtenant and the telecom right as in gross. The appraiser then considers whether either easement affects the site's utility or marketability.
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