In “Section 2.1,” the distinction between appurtenant and gross easements is explored in detail. An appurtenant easement involves two separate parcels of land owned by two different people. One landowner benefits from the easement, known as the dominant estate, while the servient estate is the land that is burdened or used. This kind of easement continues regardless of a change in ownership and moves along the land, therefore, viewed as “running with the land”.
On the contrary, gross easement doesn’t require a dominant estate, as it is a personal right given to an individual or entity, rather than associated with the land. The beneficiary could be a utility company granted access to run power lines, for instance. Intriguingly, the right usually ends when the holder of the easement dies or the entity dissolves unless otherwise specified in the agreement.
Understanding these two types of easements plays a critical role in real estate transactions and land use planning. Differences in their legal implications can impact the value and use of a property. Appropriate utilization of each type can resolve potential conflicts over land use, accessibility, and property rights.
#1. What is explored in "Section 2.1"?
B is the answer. The text mentions that in “Section 2.1,” the distinction between appurtenant and gross easements is explored in detail.
#2. An appurtenant easement involves two separate parcels of land owned by _______.
B is the answer. The text states that an appurtenant easement involves two separate parcels of land owned by two different people.
#3. Which easement is typically associated with the phrase "running with the land"?
B is the answer. According to the text, the appurtenant easement continues regardless of a change in ownership and is, therefore, viewed as “running with the land”.
#4. What is an entity or individual granted in a gross easement?
B is the answer. The text indicates that in a gross easement, a personal right is given to an individual or entity.
#5. How does understanding the two types of easements aid in real estate transactions and land use planning?
B is the answer. Understanding the two types of easements plays a role in real estate and land use planning as potential conflicts over land use, accessibility, and property rights can be resolved.
#6. What happens to the right of a gross easement when the holder dies?
C is the answer. The text mentions that in the case of a gross easement, the right usually ends when the holder of the easement dies or the entity dissolves, unless otherwise specified in the agreement.
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