Texas Crammer Practice Exam

What type of easement allows a landowner to retain access to a lake after selling bordering land?

1. Easement by necessity

2. Easement appurtenant

3. Prescriptive easement

4. Easement in gross

The correct answer is: Easement appurtenant

An easement appurtenant is the correct choice in this scenario because it is specifically designed to benefit a particular piece of land, known as the dominant estate, by granting access rights to another piece of land, known as the servient estate. In this case, when a landowner sells property that borders a lake, an easement appurtenant allows the new owner of that property the right to access the lake from the sold land. This type of easement is tied to the land itself, meaning that even if the owner of the adjoining land changes, the right to access the lake continues with the land. The nature of an easement appurtenant implies that such rights are permanent and run with the land, providing ongoing benefits to the dominant estate. This makes it essential for ensuring the new landowner can enjoy the use of the lake that was previously available while the property was still owned by the original landowner.