Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipMedium
A buyer is reviewing a property survey that shows a utility company has the right to run power lines across a portion of the property. This right is granted to the utility company for the benefit of providing services to the general public, not specifically for an adjoining property. What type of encumbrance is this?
- AAn easement in gross.
- BAn encroachment.
- CA license.
- DAn easement appurtenant.
Show answer & explanationAnswer & explanation
Correct answer: A. An easement in gross.
An easement in gross benefits a specific person or entity (like a utility company) rather than a particular parcel of land. It allows the holder to use the land for a specific purpose, such as running utility lines, and is not tied to an adjacent property.
Why the other options are wrong
- B. An encroachment is an unauthorized intrusion of an improvement onto another's property, not a granted right of use.
- C. A license is a revocable permission to use land, not a permanent encumbrance like an easement.
- D. An easement appurtenant benefits an adjacent parcel of land (dominant tenement), not a specific entity for public service.
Easement in Gross
An easement that grants a personal right to an individual or entity (e.g., utility company) to use another's land, independent of owning an adjacent parcel. It benefits the holder, not a specific dominant estate.
- Benefits a person or entity, not land.
- No dominant tenement.
- Common for utilities, railroads, billboards.
Memory trick: Appurtenant 'Attaches' to land; Gross is 'General' to a person/company.