California Real Estate SalespersonProperty Ownership and Land Use ControlsMedium
A homeowner grants their neighbor the right to cross a strip of their backyard to reach a public lake, and this right is tied to ownership of the neighbor's lot rather than to the neighbor personally. This is an example of:
- AEncroachment
- BLicense
- CEasement in gross
- DEasement appurtenant
Show answer & explanationAnswer & explanation
Correct answer: D. Easement appurtenant
An easement appurtenant benefits a specific parcel of land (the dominant tenement) and burdens another (the servient tenement); it runs with the land and transfers automatically with ownership of the benefited parcel.
Why the other options are wrong
- A. An encroachment is an unauthorized physical intrusion onto another's property, not a granted right.
- B. A license is a revocable personal privilege, not a property right that runs with land.
- C. An easement in gross benefits a person or entity personally, not a piece of land.
Easement Appurtenant
A nonpossessory right to use another's land (servient tenement) that benefits an adjacent parcel (dominant tenement) and automatically transfers with ownership of the dominant parcel.
- Requires two parcels: dominant (benefited) and servient (burdened)
- Runs with the land and passes to future owners automatically
- Cannot exist without both a dominant and servient tenement
Memory trick: Appurtenant easements are like a package deal — the right travels with the land, not the person.