California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A utility company holds the right to run power lines across a rancher's property, but this right is not attached to any neighboring parcel and can be freely assigned to another utility. What type of interest does the utility company hold?
- AProfit a prendre
- BLicense
- CEasement appurtenant
- DEasement in gross
Show answer & explanationAnswer & explanation
Correct answer: D. Easement in gross
An easement in gross benefits a specific person or entity rather than an adjacent parcel of land, and commercial easements in gross (like utility easements) are typically freely assignable.
Why the other options are wrong
- A. A profit a prendre involves the right to remove resources (like timber or minerals), not run lines.
- B. A license is revocable and personal, not typically assignable or permanent like this recorded right.
- C. An appurtenant easement requires a dominant tenement (benefited parcel), which is absent here.
Easement in Gross
A nontransferable-to-land easement benefiting a specific person or entity rather than an adjacent parcel; commercial easements in gross are usually assignable.
- No dominant tenement exists
- Common for utility companies and pipelines
- Personal easements in gross generally cannot be assigned; commercial ones can
Memory trick: In gross = benefits a person/company, not a parcel.