Types of Easements in Real Estate — Definitions, Examples, and Exam Tips
There are 4 main types of easements tested on the real estate license exam: appurtenant, in gross, prescriptive, and by necessity. Learn each type, how it works, and what to expect on the exam.
What Are the Types of Easements in Real Estate?
Types of easements in real estate are legal classifications that define how usage rights to another person’s property are granted and whether those rights transfer with the land. The real estate license exam tests all 4 types under Property Ownership: appurtenant, in gross, prescriptive, and by necessity. Each type determines who holds the right, how it was created, and what happens when property changes hands. The key fact to remember: the type of easement controls whether the right runs with the land or stays with a specific person.
What Is an Easement Appurtenant?
An easement appurtenant is a type of easement in real estate that attaches to the land and transfers automatically when the property is sold. Two properties are always involved. The dominant tenement is the property that benefits from the easement. The servient tenement is the property that is burdened by it.
A classic example: your neighbor’s parcel is landlocked, so they use your driveway to reach the public road. Your property is the servient tenement (burdened), and their property is the dominant tenement (benefiting). This right runs with the land — when either property is sold, the easement stays.
On the exam, you’ll likely see this question: “Which tenement is burdened by an easement appurtenant?” The answer is the servient tenement. And if the dominant property is sold, the easement transfers to the new owner automatically.
What Is an Easement in Gross?
An easement in gross is a type of easement in real estate that grants usage rights to a specific person or entity rather than to the land itself. The critical difference from appurtenant: no dominant tenement exists. Only a servient tenement carries the burden.
Two sub-types appear on the exam. Commercial easements in gross belong to utility companies — electric companies running power lines, gas companies laying pipelines, or telecom companies stringing cable across private property. These are transferable between companies. Personal easements in gross belong to individuals — such as a neighbor granted fishing rights on your pond. These are typically non-transferable and end when the holder dies.
Is an easement in gross transferable? Commercial yes, personal typically no. That distinction is a common exam question.
What Is a Prescriptive Easement?
A prescriptive easement is a type of easement in real estate acquired through continuous, open, and hostile use of another person’s property over a legally defined period. Unlike express easements, no agreement between parties exists — the user simply meets all legal requirements over time.
The requirements spell out as COAH: Continuous use without interruption, Open and notorious visibility (not hidden), Adverse or hostile intent (without the owner’s permission), and satisfaction of the statutory period. That period varies by state — 5 years in California, 10 years in New York, 15 to 20 years in other states.
Many students confuse prescriptive easement with adverse possession. The difference is significant. A prescriptive easement grants only a USE right — the user can cross the land or access water but does not own it. Adverse possession transfers full ownership of the property.
Does granting permission stop a prescriptive easement? Yes. Hostile use — meaning without the owner’s consent — is a required element. If the owner gives permission, the COAH chain breaks.
What Is an Easement by Necessity?
An easement by necessity is a type of easement in real estate created when a parcel has no legal access to a public road and must cross a neighboring property to reach one. This type applies only to landlocked parcels where access is strictly necessary, not merely convenient.
Two requirements must exist. First, the properties must have once been under common ownership — a single owner who later divided the land. Second, the access must be genuinely necessary because no alternative route to a public road exists. A court order creates this easement, not an agreement between neighbors.
What happens when the landlocked property gains a public road? The easement by necessity terminates. Once the legal basis disappears, the right ends.
How Are the Types of Easements Created?
Types of easements in real estate are created through 4 primary methods: express grant, implication, necessity, and prescription. Each method produces legally enforceable usage rights, but the strength and permanence of each varies.
Express grant — A written deed or contract between parties. This is the strongest legal form and the most common creation method. Exam questions often reference express easements as the standard baseline.
Implication — Arises from circumstances when land is divided and the prior use was apparent and continuous. Example: a shared drainage system that existed before the original lot was split.
Necessity — Court-ordered for landlocked parcels that have no public road access. Requires proof of common prior ownership.
Prescription — Acquired through prolonged open and hostile use that meets the statutory requirements (COAH). No agreement or document is involved.
Express grant is the strongest form legally and the most frequently tested. All easement types are classified as encumbrances in real estate — nonpossessory interests that limit how property can be used or transferred.
What Types of Easement Questions Appear on the Real Estate Exam?
Types of easements questions appear on the national portion of the real estate salesperson exam under Property Ownership. Expect questions that test whether you can identify, classify, and distinguish each type based on a scenario.
Common exam question patterns include:
- “Which type of easement runs with the land?” — Appurtenant
- “What is required for a prescriptive easement?” — COAH: Continuous, Open, Adverse/Hostile, statutory period
- “Which type of easement has no dominant tenement?” — Easement in gross
- “How is an easement by necessity created?” — Court order for a landlocked parcel with no public road access
Here’s how to remember prescriptive easement requirements: memorize COAH. This mnemonic covers nearly every prescriptive easement question on the exam.
Practice easement questions on our free real estate practice exam to test your understanding of all 4 types in exam format.
How Are Types of Easements Different from Each Other?
Types of easements in real estate differ from each other primarily in whether the right runs with the land and who holds it. The classification determines transfer rules, creation methods, and termination conditions.
Appurtenant easements attach to the land itself — both a dominant tenement and servient tenement are involved, and the right transfers with ownership. Easements in gross attach to a person or entity — only a servient tenement exists, and personal rights typically die with the holder. Prescriptive easements and easements by necessity are created involuntarily — not by agreement but by prolonged use or court order.
For a deeper explanation of how easements work within property law, read our guide to easement in real estate. For a complete list of property law terms tested on the exam, visit our real estate exam terms study guide.
This information is for educational purposes. Requirements may change — always verify with your state’s Real Estate Commission.
