Question

All of the following statements regarding an appurtenant easement are true, EXCEPT

A. There must be at least two tracts of land under separate ownership.
B. The dominant tenement would benefit and the servient tenement would be burdened.
C. The easement would run with the land.
D. A railroad easement is an easement appurtenant.

Answer 1

A railroad easement is not necessarily an appurtenant easement, as it can be an easement in gross that benefits an individual or entity rather than a tract of land.

Step-by-step explanation:

Easements are rights to use the property of another for specific purposes and can be created for public objectives, such as the preservation of open space and conservation. An appurtenant easement involves at least two tracts of land under different ownership, with the dominant tenement benefiting from the easement and the servient tenement being burdened by it. This type of easement runs with the land, meaning it is permanent and transfers with property ownership.

However, answering the question, all of the following statements regarding an appurtenant easement are true, EXCEPT for 'A railroad easement is an easement appurtenant.' This statement is not always true as a railroad easement can be an easement in gross, which benefits a specific individual or entity, such as a railroad company, rather than a particular tract of land.