Check Your Understanding – Answers
- What is an encumbrance?
An interest in and right to real property that limits the legal owner's freehold interest
- What are the primary differences between an easement appurtenant and an easement in gross?
The easement in gross does not attach to the grantor's estate; it involves only one property, and does not benefit any property owned by the easement owner. The easement appurtenant involves more than one property, transfers when any of the affected properties is transferred, and benefits the property owned by the easement owner.
- What is an easement by necessity?
An easement appurtenant granted by a court of law to a property owner because of a circumstance of necessity, most commonly the need for access to a property, since property cannot be legally landlocked
- How are easements created?
By voluntary action, by necessary or prescriptive operation of law, and by government power of eminent domain
