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Ownership and Land Use, 15% of the examination

Easement

A non-possessory right to use another's land for a specified purpose.

An easement appurtenant benefits a particular parcel and runs with the land, involving a dominant tenement that benefits and a servient tenement that is burdened. An easement in gross benefits a person or company, such as a utility. An easement by necessity requires qualifying common ownership and necessity when that ownership is severed; present landlocking alone is not enough. A prescriptive easement requires five years of open, notorious, continuous and hostile use in California.

What this is confused with

The exam rarely asks for a definition. It describes a situation and offers two terms that both sound plausible.

License

A license is permission to use land, ordinarily revocable, rather than an estate or easement. Reliance or an interest coupled with the license can affect revocability.

Encroachment

An encroachment is an unauthorized physical intrusion, not a right.

See also

Test the distinction

A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use ยท 15%Encumbrances

Which encumbrance grants a right to use land rather than securing repayment of a debt?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Other terms in this area