NCEES Principles and Practice of Surveying Practice Exam

What type of easement remains attached to a person rather than property?

1. Appurtenant Easements

2. Affirmative Easements

3. Easements in Gross

4. Negative Easements

The correct answer is: Easements in Gross

Easements in gross are unique because they are not tied to a specific piece of property but rather are associated with an individual or a legal entity. This means that the benefits of the easement do not pass on to subsequent owners of the property when it is sold or transferred. Instead, the easement remains with the individual or entity that holds it. This type of easement is often used for utilities or rights-of-way, where the holder has the right to use the land for specified purposes regardless of any property ownership changes. On the other hand, appurtenant easements are linked directly to a particular piece of property and transfer with it to new owners. Affirmative easements allow for specific uses, such as crossing someone’s land, but they remain attached to the land and not the individual. Negative easements prevent a property owner from acting in specific ways that would adversely affect another property owner’s use or enjoyment of their property, and like appurtenant easements, they are tied to the land itself.