National Real Estate Exam (PSI)Property OwnershipMedium
A buyer is interested in a property where a local utility company has the right to maintain power lines across the back of the lot. This right was granted years ago and allows the utility company access for repairs and maintenance. The buyer wants to understand the nature of this right. What type of encumbrance is this?
- AAn easement appurtenant, as it benefits a specific parcel of land.
- BA license, as it is a revocable permission for use.
- CA restrictive covenant, as it limits the use of the property.
- DAn easement in gross, as it benefits a specific person or entity, not an adjoining parcel.
Show answer & explanationAnswer & explanation
Correct answer: D. An easement in gross, as it benefits a specific person or entity, not an adjoining parcel.
An easement in gross grants a right to use land to a specific person or entity (like a utility company) and does not require an adjoining dominant tenement. It is personal in nature, even if it can be assigned or sold, and benefits the holder, not a specific piece of land.
Why the other options are wrong
- A. An easement appurtenant requires both a dominant and a servient tenement; here, there's no dominant parcel of land.
- B. A license is typically revocable and temporary, whereas an easement in gross is a permanent, non-possessory interest in land.
- C. A restrictive covenant limits how an owner can use their property generally, not specifically granting access for maintenance like an easement.
Easement in Gross
A type of easement that grants a specific person or entity (e.g., a utility company) the right to use another's land, independent of owning an adjoining parcel.
- No dominant tenement; only a servient tenement.
- Benefits the holder, not a specific piece of land.
- Often commercial (utility easements, railroad rights-of-way).
Memory trick: Appurtenant attaches, Gross is for us (an entity).