Massachusetts Real Estate License Practice Test

How is an easement in gross defined?

1. A right to use another's property for personal benefit

2. A right restricted to a specific piece of property

3. A right tied to a particular owner rather than to the land

4. A general right to access public roads

The correct answer is: A right tied to a particular owner rather than to the land

An easement in gross is defined as a right that is tied to a particular owner rather than being associated with a specific piece of land. This means that the easement benefits an individual or entity rather than a parcel of property itself. For instance, if a utility company has an easement in gross, it can access a property to maintain power lines, independent of any adjacent land ownership. This contrasts with other easements, which typically burden a specific piece of land and remain with the property when ownership changes. The other options do not accurately capture the essence of an easement in gross. For example, while there is a personal benefit involved in the use of another's property, the salient point of an easement in gross is the personal ownership rather than the benefit derived from a specific property. Additionally, easements that are restricted to a particular piece of property or provide general access rights pertain more to traditional easements that relate directly to land rather than to individuals.