California Real Estate Practice Exam

Which of the following would be most like an easement appurtenant?

1. Attachment

2. Easement in gross

3. Lease

4. Stock in a mutual water district

The correct answer is: Attachment

An easement appurtenant involves a situation where a property benefits from an easement that is tied to it, typically allowing the owner of the dominant estate (the property that benefits) to use a portion of the servient estate (the property that is burdened). This relationship is connected to the ownership of the land, meaning that when the dominant estate is sold, the easement transfers with it, ensuring that the benefit continues for future owners of the dominant property. In the context of the provided choices, an attachment often refers to something physically connected to or dependent upon something else, usually over a property. This mirrors the relationship present in an easement appurtenant, where the use of one property is dependent on the access to another. This intrinsic link of benefit and burden illustrates the connection between the dominant and servient estates. Other options like an easement in gross involve a benefit that does not rely on the ownership of adjacent land and does not transfer with property ownership, while a lease is a contractual agreement for temporary possession and use of property, lacking the inherent relationship of benefit tied to specific properties. Stock in a mutual water district represents a shared resource among stockholders but does not create a direct easement-like benefit for any specific property.