Massachusetts Real Estate License Practice Test

What type of easement benefits one parcel of land and is tied to the ownership of the land?

1. Easement by necessity

2. Easement appurtenant

3. Easement in gross

4. Prescriptive easement

The correct answer is: Easement appurtenant

An easement appurtenant is a specific type of easement that benefits one parcel of land, known as the dominant tenement, while it imposes a burden on another parcel, referred to as the servient tenement. This type of easement is tied to the ownership of land, meaning that when ownership of the dominant tenement changes, the easement rights transfer with the property. This characteristic is significant because it means that the easement is permanent and remains with the land, irrespective of ownership changes. It enhances the value or usability of the dominant tenement by allowing its owner certain rights over the servient parcel, such as access to a road or utility lines. In contrast, other types of easements, such as an easement in gross, benefit an individual rather than a parcel of land and do not transfer with the property. An easement by necessity is created typically to provide access when no alternative route exists, and while it may serve a similar function, it does not necessarily attach to the ownership of land in the same way an easement appurtenant does. A prescriptive easement is obtained through continuous and open use over a specified period and lacks the formalities of creation seen in easements appurtenant.