Florida Real Estate Sales Associate Examination Content OutlineReal Estate Property and OwnershipHard
A developer plans to build a new residential community and wants to ensure that utility companies have the right to install and maintain power lines and sewer pipes across individual lots. Which type of encumbrance would be most appropriate for this purpose?
- AA deed restriction
- BAn easement appurtenant
- CAn easement in gross
- DA license
Show answer & explanationAnswer & explanation
Correct answer: C. An easement in gross
An easement in gross benefits a specific person or entity (like a utility company) rather than an adjoining parcel of land. It allows the utility company to access and maintain its infrastructure across multiple properties without owning a dominant tenement.
Why the other options are wrong
- A. Deed restrictions limit land use, but don't grant access rights for utilities.
- B. Easement appurtenant benefits an adjacent parcel (dominant tenement), not a utility company without land ownership.
- D. A license is a temporary, revocable privilege, not a permanent right for utilities.
Easement in Gross
An easement that grants a personal right to use another's land for a specific purpose, without benefiting an adjoining property.
- Benefits a person or entity (e.g., utility company).
- No dominant tenement, only a servient tenement.
- Often transferable, especially for commercial purposes (e.g., utilities).
Memory trick: Gross = for a GROSS entity (like a utility)!