Certified Residential Appraiser Practice Exam

What type of easement benefits a legal person or entity rather than a specific parcel of land?

1. Easement appurtenant

2. Negative easement

3. Affirmative easement

4. Easement in gross

The correct answer is: Easement in gross

An easement in gross is characterized by its benefit to a specific legal entity or individual rather than to a particular parcel of land. This type of easement provides rights or privileges that are personal to the holder of the easement and do not necessarily attach to a specific piece of real estate. For instance, utility companies often have easements in gross allowing them to install and maintain utility lines across private properties, irrespective of whether the utility company owns any land in the vicinity. In contrast, an easement appurtenant benefits a specific parcel of land and runs with the land, meaning it transfers with the property when ownership changes. A negative easement typically restrains a property owner from performing certain activities on their property that would otherwise be permissible, benefiting an adjacent property. An affirmative easement allows the holder to perform specific actions on someone else's property, but like the easement appurtenant, it is tied to a parcel of land, not an individual person or legal entity. Thus, the unique nature of the easement in gross is what distinguishes it as the correct answer in this context.