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What distinguishes an easement in gross from an appurtenant easement?

User Rawns
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Final answer:

An easement in gross benefits an individual or legal entity, while an appurtenant easement benefits a specific piece of property.

Step-by-step explanation:

When it comes to easements, there are two main types: easement in gross and appurtenant easement. The key distinction between the two is that an easement in gross benefits an individual or a legal entity, while an appurtenant easement benefits a specific piece of property.

For example, let's say that John owns a piece of property that does not have direct access to a main road. In this case, John can acquire an easement in gross from his neighbor, Jane, to use a path on her property as a means of accessing the road. The easement in gross benefits John because it allows him to use Jane's property, but it does not benefit any specific piece of property owned by John.

On the other hand, if John owns a piece of property that directly abuts Jane's property, and there is an easement that allows John to use a portion of Jane's land for a driveway, then this is an appurtenant easement. In this case, the appurtenant easement benefits John's property specifically, as it provides a necessary means of access.

User Nijeesh
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