Real Estate · Property Ownership

What is an easement?

Correct answer

A right to use another person's land for a specific purpose (such as a right-of-way or utility access) without owning it

  1. A A type of loan
  2. B A right to use another person's land for a specific purpose (such as a right-of-way or utility access) without owning it
  3. C A property tax
  4. D A type of deed

Why this is the answer

EASEMENT: A non-possessory right to USE another person's land for a specific purpose without owning it. TYPES: EASEMENT APPURTENANT: Benefits an adjacent parcel (the 'dominant estate') and burdens another ('servient estate') — runs with the land (transfers with ownership); e.g., a driveway crossing a neighbor's land to reach yours; EASEMENT IN GROSS: Benefits a person or entity, not a parcel — e.g., utility company easements for power lines; EASEMENT BY NECESSITY: Created when a parcel would otherwise be landlocked; EASEMENT BY PRESCRIPTION: Acquired through long-term, open, continuous use without permission (like adverse possession but for use rights); CREATION/TERMINATION: Created by grant, reservation, necessity, prescription; terminated by release, merger, abandonment; ENCUMBRANCE: An easement is an encumbrance on the servient property (affects its use/value); easements are a key property rights concept tested on the national exam — the distinction between appurtenant (runs with land) and in gross (personal/entity) is especially important.
Source: Real Estate National — Property Ownership, Easements

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