Certified Residential Appraiser Practice Exam

An easement that is attached to, benefits, and passes with the transfer of the dominant estate is known as what?

1. Easement in gross

2. Leasehold interest

3. Affirmative easement

4. Easement appurtenant

The correct answer is: Easement appurtenant

An easement that is attached to, benefits, and passes with the transfer of the dominant estate is known as an easement appurtenant. This type of easement enhances the value of the dominant estate by providing the owner with a right to use the servient estate for a specific purpose, such as accessing a road or utility lines. When the dominant estate is sold or transferred, the easement remains in effect and automatically benefits the new owner, making it a permanent right tied to the property rather than to an individual. This distinguishes easements appurtenant from easements in gross, which do not benefit a particular piece of property but rather apply to an individual or entity. The leasehold interest refers to a tenant's right to occupy a property for a specified term under a lease agreement, which differs significantly from the concept of easements. An affirmative easement refers to the right to do something on the servient land (like right of way), but it does not inherently indicate it passes with property ownership unless it is a part of an appurtenant arrangement. Thus, easements appurtenant are specifically designed to go hand in hand with the transfer of property rights.