EstatePass
Real Property LawEstates And InterestsMEDIUM

A property owner grants their neighbor a right-of-way across their land to access a public road. This right-of-way would be classified as:

Correct Answer

B) An easement appurtenant benefiting the neighbor's property

This scenario describes an easement appurtenant, where one property (dominant tenement) benefits from a right to use another property (servient tenement). The right-of-way for access is a classic example of an easement that runs with the land and benefits the neighboring property.

Answer Options
A
A license that can be revoked at any time
B
An easement appurtenant benefiting the neighbor's property
C
A profit Γ  prendre allowing extraction of resources
D
A restrictive covenant limiting land use

Why This Is the Correct Answer

An easement appurtenant is created when one property owner grants another the right to use their land for a specific purpose that benefits the neighboring property. In this case, the right-of-way across the grantor's land directly benefits the neighbor's property by providing access to a public road. This creates a dominant tenement (neighbor's property that benefits) and servient tenement (property burdened by the easement). The easement runs with the land, meaning it transfers with property ownership and provides permanent access rights.

Why the Other Options Are Wrong

Memory Technique

Exam Tip for Real Property Law

Common Mistakes to Avoid on Real Property Law Questions

Was this explanation helpful?

More Real Property Law Questions

People Also Study

Practice More Real Property Law Questions

Access 540+ Canadian real estate exam questions and pass your licensing exam.

Start Practicing