Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipHard
A property owner wants to sell their home but discovers that a utility company has the right to run power lines across a portion of their backyard, even though no active lines are currently present. This right was granted years ago by a previous owner. What type of interest does the utility company hold?
- AEncroachment
- BEasement appurtenant
- CLicense
- DEasement in gross
Show answer & explanationAnswer & explanation
Correct answer: D. Easement in gross
An easement in gross grants a right to use land to a specific individual or entity (like a utility company), and it is not tied to the ownership of an adjacent parcel. It benefits the holder personally or corporately, rather than a particular piece of land.
Why the other options are wrong
- A. An encroachment is an illegal physical intrusion, not a legally granted right to use.
- B. An easement appurtenant benefits an adjacent 'dominant' parcel of land and 'runs with the land,' which is not the case for a utility company's right.
- C. A license is a revocable, non-assignable personal privilege, whereas an easement is a more permanent, irrevocable right.
Easement in Gross
A type of easement that grants a right to use land to a specific individual or entity (e.g., a utility company) and is not tied to the ownership of an adjacent parcel.
- Benefits a person or entity, not a specific parcel of land.
- Often transferable (especially for commercial easements like utilities).
- No dominant estate, only a servient estate.
Memory trick: IN GROSS, it's a right for a PERSON, not the land.