Texas Real Estate Sales Agent ExamProperty OwnershipEasy
A Texas homeowner grants a right to their neighbor to cross a specific portion of their property to access a public lake. This right is attached to the neighbor's land and transfers with the neighbor's property if it is sold. What type of encumbrance has been created?
- ALicense
- BEncroachment
- CEasement in gross
- DEasement appurtenant
Show answer & explanationAnswer & explanation
Correct answer: D. Easement appurtenant
An easement appurtenant benefits an adjoining parcel of land and runs with the land, meaning it transfers automatically to new owners. In this scenario, the right to cross the property is specifically tied to the neighbor's land, making it an easement appurtenant.
Why the other options are wrong
- A. A license is a revocable, non-transferable permission to use another's land for a specific purpose.
- B. An encroachment is an unauthorized intrusion of an improvement or fixture onto another's property.
- C. An easement in gross benefits a specific person or entity, not an adjoining parcel of land.
Easement Appurtenant
A right to use the land of another for a specific purpose that benefits an adjoining parcel of land and runs with the land.
- Benefits a dominant estate (the property receiving the benefit)
- Burdens a servient estate (the property granting the right)
- Transfers automatically with the sale of the dominant estate
- Requires two adjacent parcels of land
Memory trick: Appurtenant: APPartains to the Property, not just a person.