Texas Real Estate Sales Agent ExamProperty OwnershipMedium
A Texas homeowner has an agreement with their utility company that allows the company to run power lines across a corner of their property. This agreement grants the utility company a permanent, non-possessory right to use the land for a specific purpose. This is an example of:
- AA license
- BA restrictive covenant
- CAn easement in gross
- DAn easement appurtenant
Show answer & explanationAnswer & explanation
Correct answer: C. An easement in gross
An easement in gross benefits a specific person or entity (here, the utility company) rather than an adjoining parcel of land. It is a permanent right to use land, but it does not attach to a dominant estate.
Why the other options are wrong
- A. A license is typically revocable and not permanent, unlike the utility's right.
- B. A restrictive covenant is a private agreement limiting land use, not a right of passage for a utility.
- D. An easement appurtenant requires both a dominant and a servient estate, benefiting an adjacent property. Here, there's no adjacent property benefiting.
Easement in Gross
An easement that grants a specific person or entity the right to use another's land without being tied to an adjoining property.
- Benefits a person or company (e.g., utility company).
- Does not have a dominant estate, only a servient estate.
- Often transferable, especially for commercial easements.
Memory trick: Easements Ease Access: Appurtenant for Adjacent, Gross for Groups.