Florida Broker Practice Exam

What type of easement allows a neighbor the right to cross another's property?

1. Easement by necessity

2. Easement in gross

3. Easement appurtenant

4. Easement by prescription

The correct answer is: Easement appurtenant

The correct answer is an easement appurtenant. This type of easement involves a relationship between two properties, where one property (the dominant estate) benefits from the easement and the other property (the servient estate) is burdened by it. In the case of a neighbor being granted the right to cross another's property, the neighbor's property would be the dominant estate, and the property being crossed would be the servient estate. Easements appurtenant are commonly established for access, such as a driveway or pathway, allowing one property owner to traverse another's property. This right typically transfers with the land when either property is sold or conveyed, ensuring that the new owner can also enjoy the easement. Other types of easements do not apply in this situation as directly. For instance, an easement by necessity is specifically created when a property is landlocked and requires access, while an easement in gross does not benefit a dominant estate but rather benefits an individual or a business. Lastly, an easement by prescription arises through continuous and open use over a specified period, but it typically lacks the formal agreement that characterizes an easement appurtenant.