Since an easement is a non-possessory interest, it is important to understand the right of disposition that is associated with it. In which of the following types of easements is the right of disposition claimed as part of the easement?
A) Implied easement
B) Easement in gross
C) Negative easement appurtenant
D) Positive easement appurtenant

Question

Quizplus · Accepted Answer

The right of disposition is claimed as part of an easement in gross, which means the holder of the easement has the right to transfer or sell it to another person or entity, separate from and independent of any property ownership. In contrast, appurtenant easements (both positive and negative) are tied to specific properties and cannot be transferred separately from the property. Implied easements are created by court order based on the implied intention of the parties involved and do not necessarily address the right of disposition.

Since an Easement Is a Non-Possessory Interest, It Is Important