A property owner grants their neighbor the right to cross their land to access a public road. This agreement is made in writing and specifies that it will bind future owners of both properties. Several years later, the property owner sells their land to a new buyer, who attempts to block the neighbor from crossing the property. What is the most accurate classification of the right granted to the neighbor to cross the property?
The correct answer is easement appurtenant. An easement appurtenant benefits the dominant estate (the neighbor’s property) and runs with the land, meaning it transfers with the property regardless of ownership. Since the agreement was in writing, it satisfies the Statute of Frauds. The fact that the right to cross the land was intended to bind future owners also indicates an easement appurtenant rather than a personal right (license). An easement in gross differs because it does not benefit a dominant estate, and a profit involves the right to remove resources rather than the mere right to cross land.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the difference between an easement appurtenant and an easement in gross?
Open an interactive chat with Bash
What does 'running with the land' mean in the context of easements?
Open an interactive chat with Bash
What role does the Statute of Frauds play in property agreements like easements?
Open an interactive chat with Bash
Multistate Bar Examination
Real Property
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .