New York Real Estate Salesperson ExaminationProperty OwnershipMedium
A property owner grants a utility company the right to run power lines across a specific portion of their land. This right is attached to the land itself and benefits the utility company, regardless of who owns the land. What type of interest has the property owner granted?
- AA fee simple defeasible
- BAn easement in gross
- CAn easement appurtenant
- DA license
Show answer & explanationAnswer & explanation
Correct answer: B. An easement in gross
An easement in gross benefits a specific person or entity (like a utility company) and is not tied to an adjoining parcel of land. It exists independently of land ownership.
Why the other options are wrong
- A. A fee simple defeasible is a type of ownership with conditions, not an easement granting a right of use.
- C. An easement appurtenant benefits an adjoining parcel of land (dominant tenement) and 'runs with the land.'
- D. A license is a temporary, revocable permission to use land, not an enduring interest.
Easement in Gross
An easement that grants a personal right to use another's land to an individual or entity, rather than benefiting an adjoining parcel of land.
- Does not 'run with the land' in the same way as appurtenant easements.
- Often used by utility companies for power lines, pipelines, etc.
- Benefits the holder of the easement, not a specific property.
Memory trick: Gross gives general grants; Appurtenant is for adjacent access.