NCEES Principles and Practice of Surveying Practice Exam

Which easement allows the dominant estate to use the servient estate for a specific purpose?

1. Negative Easements

2. Prescriptive Easements

3. Affirmative Easements

4. Appurtenant Easements

The correct answer is: Affirmative Easements

An affirmative easement is indeed the correct choice because it specifically allows the holder of the dominant estate to use the servient estate for a designated purpose. This type of easement permits certain uses, such as the right to cross land or access resources like water or utilities, thereby benefiting the dominant estate. The agreement that establishes an affirmative easement typically includes details on the nature of the use allowed, ensuring both parties understand the scope and limitations. For instance, if a property owner has an affirmative easement for a pathway over a neighbor’s land, they have the right to use that pathway as intended, while the neighbor cannot obstruct that use. This contrasts with negative easements, which restrict a property owner’s ability to use their land in a way that affects the dominant estate, and prescriptive easements, which arise from continuous use without permission but don’t specifically designate rights in the same manner. Appurtenant easements, while related, typically involve a benefit that runs with the land, rather than being defined solely by the specific usage allowed.