Question

When an easement appurtenant exists between two parcels of land that are separately owned:

a. the servient tenement may revoke the use of the easement by giving proper notice.
b. the dominant tenement is benefited by the easement.
c. the servient tenement must have created the easement in writing.
d. the servient tenement has use of this easement only for ingress and egress.

Answer 1

An easement appurtenant is a legal right attached to the land, granting the dominant tenement certain usages of the servient tenement's property. It is an enduring right that commonly must be in writing, and cannot simply be revoked by the servient tenement.

Step-by-step explanation:

An easement appurtenant is a legal situation where an easement is tied to the land and not to the landowner, creating a relationship between two parcels, referred to as the dominant and servient tenements. This type of easement benefits the dominant tenement, allowing the owner of this property certain use of the servient tenement's land. It's crucial to understand that:

• The dominant tenement is, indeed, benefited by the easement. It is the property that gains the advantage of utilising the servient tenement's land.
• The creation of an easement appurtenant typically must be in writing to satisfy legal requirements; however, the statement "the servient tenement must have created the easement in writing" is not fully accurate as easements can also be created by implication or prescription.