National Real Estate Practice Exam

Which type of easement runs with the land?

1. Easement by Necessity

2. Easement In Gross

3. Easement Appurtenant

4. Temporary Easement

The correct answer is: Easement Appurtenant

An easement that runs with the land is one that is attached to the property rather than to an individual. This means that the easement rights continue to exist even when ownership of the property changes. Easement Appurtenant is the type that directly benefits a particular parcel of land, known as the dominant estate, in relation to another parcel, known as the servient estate. Because it enhances the use and enjoyment of the dominant estate, it is tied to the land itself. When the property is sold or transferred, the new owner automatically receives the benefits of the easement, ensuring that the rights associated with it carry on with the property. In contrast, other types of easements like Easement by Necessity, Easement In Gross, and Temporary Easement do not provide the same enduring rights. An Easement by Necessity may arise for landlocked properties but typically ceases when the necessity is no longer present; an Easement In Gross benefits a specific individual rather than a property, meaning it does not run with the land; and a Temporary Easement is inherently limited in time and thus does not endure with the property. These distinctions are crucial in understanding how different easements function within real estate law.