Question

Jones owns two tracts of land. One tract has lakefront property. Jones sells the other tract to Smith and gives him the right to cross his property in order to reach the lake. Without the right to cross Jones' property, there is no other way for Smith to reach the lake. Smith's right could be:

A) An easement appurtenant
B) An easement by necessity
C) A license
D) An encumbrance

Answer 1

Smith's right to cross Jones' property to access the lake after buying a separate tract of land from Jones can be defined as an easement appurtenant because it is a right of access that benefits the land owned by Smith.

Step-by-step explanation:

In the scenario where Jones owns two tracts of land and sells one tract to Smith with the right to cross his (Jones') remaining property to reach the lake, Smith’s right is most accurately described as an easement appurtenant. An easement appurtenant is a right attached to a piece of land that allows the owner of another piece of land to use the first land for access, in this case, to the lake. Because the easement benefits the tract of land itself, rather than an individual, and since it is likely to be permanent and transferable with the land, it fits the definition of an easement appurtenant. This type of easement contrasts with an easement by necessity, which arises when a property is landlocked and there is no available legal access, and a license, which is more temporary and revocable. An encumbrance is a broader term that includes various types of burdens on property, including easements.