What distinguishes an easement appurtenant from an easement in gross?
Correct Answer
A) An appurtenant easement benefits a particular parcel
Why this is correct: An easement appurtenant is attached to (or 'runs with') a specific parcel of land (the dominant tenement) and benefits that parcel. It transfers automatically when the dominant parcel is sold. This contrasts with an easement in gross, which benefits a person or entity (like a utility company) personally, not a specific parcel. Why the other choices are wrong: 'An appurtenant easement may never be recorded' is wrong; easements should be recorded. 'An appurtenant easement expires after twenty years' is wrong; duration is not the defining trait. 'An appurtenant easement benefits only a utility' is wrong; that describes an easement in gross. Exam tip: Link 'appurtenant' to 'attached to a parcel'. Link 'in gross' to 'personal'.
Why This Is the Correct Answer
Why this is correct: An easement appurtenant is attached to (or 'runs with') a specific parcel of land (the dominant tenement) and benefits that parcel. It transfers automatically when the dominant parcel is sold. This contrasts with an easement in gross, which benefits a person or entity (like a utility company) personally, not a specific parcel. Why the other choices are wrong: 'An appurtenant easement may never be recorded' is wrong; easements should be recorded. 'An appurtenant easement expires after twenty years' is wrong; duration is not the defining trait. 'An appurtenant easement benefits only a utility' is wrong; that describes an easement in gross. Exam tip: Link 'appurtenant' to 'attached to a parcel'. Link 'in gross' to 'personal'.
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