NCEES Principles and Practice of Surveying Practice Exam

What is a unique aspect of appurtenant easements?

1. They can be easily revoked by the owner of the servient estate

2. They are tied to the land and not the owner

3. They attach to personal interests

4. They can only be used for negative purposes

The correct answer is: They are tied to the land and not the owner

Appurtenant easements indeed have a distinctive characteristic in that they are inherently linked to the land itself rather than to the individual owner of the property. This means that when the ownership of the dominant estate (the property benefiting from the easement) changes, the easement continues to benefit the new owner; it is not lost or terminated with the transfer of ownership. This aspect is crucial because it provides continuity and security for the usage of the easement, ensuring that the right to use the pathway or access remains associated with the parcel of land rather than the personality of the owner. It’s this connection to the land that gives appurtenant easements a lasting nature, making them an important consideration in land use, property transactions, and developments. Understanding this principle helps clarify how rights associated with property can sustain over time and through different ownerships, which is a foundational element in property law and surveying practices.