What type of easement is legally connected to an adjoining property?

Study for the ASU REA380 Real Estate Fundamentals Exam. Use flashcards, multiple choice questions, and get hints and explanations for each question. Prepare thoroughly for your exam!

An easement appurtenant is a type of easement that is inherently linked to an adjacent piece of property, referred to as the dominant estate. This relationship means that the easement benefits the owner of the dominant estate and allows them certain rights over the servient estate, which is the property that is subject to the easement. An example would be a situation where a property owner has the right to cross through their neighbor's land to access a public road. This connection is enduring and remains with the dominant estate when ownership changes.

In contrast, an easement in gross is not attached to a specific parcel of land and does not benefit any particular property; instead, it benefits an individual or entity. A license is a temporary and revocable permission for someone to use another person's property, and it does not create an interest in the land. Encroachment refers to a situation where a property owner unlawfully extends their property boundaries onto a neighboring property, which does not establish any formal easement rights. The relationship and permanence of an easement appurtenant are what distinguish it as the correct answer in this scenario.

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