Encumbrances Practice Test 2026 - Free Encumbrance Practice Questions and Study Guide

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What type of easement allows the owner of one property to use the land of another property?

Negative easement

Appurtenant easement

The type of easement that allows the owner of one property to use the land of another property is known as an appurtenant easement. This easement benefits a specific parcel of land, referred to as the dominant estate, by granting its owner rights to use a portion of another property's land, known as the servient estate.

For example, if a property owner needs to cross a neighbor's land to access a public road, this access can be established through an appurtenant easement. The rights associated with this easement are typically attached to the dominant estate and will remain in effect even if the property is sold, benefiting future owners of the dominant estate.

Other options differ in their definitions and applications. A negative easement restricts the property owner from doing something on their own land that would otherwise be allowed, while a prescriptive easement involves use of another's land without permission over a period of time, ultimately obtaining the right to continue that use. A list of easements is not a recognized legal term but would refer to a record of various easements within a given region or property.

Prescriptive easement

List of easements

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