Which statement best describes an easement appurtenant?

Which statement best describes an easement appurtenant?

• A. It benefits adjacent land and runs with the land
• B. It benefits a person and is not tied to land
• C. It is a license that can be revoked at any time
• D. It is an encroachment that requires removal

Answer: (A)

An easement appurtenant is a real property right that benefits another parcel of land and is attached to the land itself, not to a person. It burdens the servient estate and benefits the dominant estate, and it runs with the land—so when the property is sold, the easement stays with the land and passes to the new owner who owns the benefiting parcel. A common example is a right of way across a neighbor’s property to reach a road, where the neighbor’s land bears the burden and the benefiting land gains access. This differs from an easement in gross, which benefits a person or entity rather than a parcel of land, and from a license, which is a revocable permission and does not attach to land. An encroachment is an unauthorized intrusion and not an easement at all.

An easement appurtenant is a real property right that benefits another parcel of land and is attached to the land itself, not to a person. It burdens the servient estate and benefits the dominant estate, and it runs with the land—so when the property is sold, the easement stays with the land and passes to the new owner who owns the benefiting parcel. A common example is a right of way across a neighbor’s property to reach a road, where the neighbor’s land bears the burden and the benefiting land gains access.

This differs from an easement in gross, which benefits a person or entity rather than a parcel of land, and from a license, which is a revocable permission and does not attach to land. An encroachment is an unauthorized intrusion and not an easement at all.