Question

Land which is subject to an easement is said to be

Selections

• A. Appurtenant thereto

• B. Encroached upon

• C. Encumbered

• D. Restricted

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Answer: C

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5 Keys Summary

1. Land subject to an easement is said to be encumbered because an easement is legally defined as a non-possessory interest that burdens or limits the title to the real property.

2. An encumbrance is a claim or right in someone else’s property that may be financial (like a lien) or non-financial (like an easement or restrictive covenant).

3. The specific property burdened by an appurtenant easement, allowing another party (the dominant tenement) the right of use, is called the servient tenement.

4. Although an easement restricts the owner’s use of their property, “encumbered” is the more accurate legal term describing the condition of the title when burdened by such a legal claim.

5. An easement is a legally granted right to use a portion of the land, distinguishing it from an encroachment, which is an unlawful intrusion onto the property.

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