Certified Residential Appraiser Practice Exam

Which of these best describes an easement that limits certain uses of property owned by someone else?

1. Negative easement

2. Life estate

3. Easement appurtenant

4. Leasehold interest

The correct answer is: Negative easement

A negative easement is a legal right that allows the holder to restrict certain activities on a property owned by someone else. This type of easement prohibits the property owner from using their land in a way that could interfere with the rights of the easement holder. For example, a negative easement may prevent the owner from building a structure that would block light, air, or a scenic view enjoyed by the easement holder. In contrast, a life estate grants an individual the right to use and benefit from a property for the duration of their life, but it does not specifically limit the uses that can be made of the property by others. An easement appurtenant involves a relationship between two parcels of land, where one benefits from the easement, and it generally pertains to the right to use someone else's property rather than restricting it. A leasehold interest is a tenant's right to occupy a property under a lease, which does not involve restrictions on the landlord's use of their own property in the same manner as a negative easement. Overall, the defining characteristic of a negative easement is its purpose to prevent certain uses of property by others, making it the best description for this scenario.