National Real Estate Practice Exam

Which of the following is NOT a type of easement?

1. Easement Appurtenant

2. Easement by Necessity

3. Utility Lease

4. Easement In Gross

The correct answer is: Utility Lease

The correct choice highlights that a utility lease is not classified as an easement. Easements are legal rights to use another person's land for a specified purpose and are typically permanent or long-term arrangements that benefit a particular piece of land or a specific use, such as access to a road or the right to lay utility lines. Easement appurtenant is tied to the land and allows the owner of one parcel to use a specific portion of another parcel. An easement by necessity is a specific type of easement that arises when a property owner must access their property and has no other way to do so without crossing another person's land. Easements in gross, on the other hand, benefit an individual or entity rather than a piece of land, such as a utility company having the right to install and maintain power lines. In contrast, a utility lease is a more temporary agreement that grants a utility company the right to use land for a designated purpose, often related to infrastructure installation and maintenance. Unlike easements, leases can have defined terms and conditions, making them fundamentally different legal instruments. Therefore, it is established that a utility lease does not fit the category of easements.