Which term describes the right to use another’s land for a specific purpose and that runs with the land when it benefits a dominant estate?

Which term describes the right to use another’s land for a specific purpose and that runs with the land when it benefits a dominant estate?

• A. Easement in Gross
• B. Easement Appurtenant
• C. License
• D. Encroachment

Answer: (B)

An easement appurtenant is a non-possessory interest that gives a specific right to use someone else’s land and is tied to a dominant parcel of land. It benefits the owner of that dominant estate and burdens the servient estate—the land over which the right is exercised. Because it attaches to the land rather than to a person, the easement runs with the property; when the dominant parcel is sold, the new owner still has the right, and when the servient parcel is sold, the burden remains on that land for as long as the easement exists. A common example is a driveway or right-of-way that allows one parcel to cross another to reach a street. This differs from an easement in gross, which benefits a person or entity rather than a parcel of land; it also differs from a license, which is a personal, revocable permission to use land and does not run with the land. An encroachment is an unlawful intrusion onto someone else’s property, not a recognized property interest.

An easement appurtenant is a non-possessory interest that gives a specific right to use someone else’s land and is tied to a dominant parcel of land. It benefits the owner of that dominant estate and burdens the servient estate—the land over which the right is exercised. Because it attaches to the land rather than to a person, the easement runs with the property; when the dominant parcel is sold, the new owner still has the right, and when the servient parcel is sold, the burden remains on that land for as long as the easement exists. A common example is a driveway or right-of-way that allows one parcel to cross another to reach a street.

This differs from an easement in gross, which benefits a person or entity rather than a parcel of land; it also differs from a license, which is a personal, revocable permission to use land and does not run with the land. An encroachment is an unlawful intrusion onto someone else’s property, not a recognized property interest.