National Real Estate Practice Exam

What type of easement allows a personal right to use property without owning adjacent land?

1. Easement Appurtenant

2. Easement In Gross

3. Encroachment

4. Adverse Possession

The correct answer is: Easement In Gross

The option that identifies the type of easement allowing a personal right to use property without owning adjacent land is the easement in gross. This type of easement is beneficial to an individual or entity, often serving a specific purpose such as utilities or access rights, regardless of land ownership nearby. Easements in gross do not attach to a particular piece of land but rather are personal rights. For example, a utility company may have an easement in gross to run power lines across a property, giving them the right to use that space without needing to own adjacent land. In contrast, easements appurtenant involve a dominant and a servient estate, where the right benefits one parcel of land over another, necessitating adjacency. Encroachment refers to a situation where a property owner builds into another's property, which does not represent an easement. Adverse possession involves the acquisition of property rights through continuous possession over time, which is not the same as an easement.