In terms of an easement appurtenant, what must also exist?

Prepare for the North Carolina Broker Reciprocal Exam. Sharpen your skills with flashcards and multiple-choice questions. Each question offers explanations to ensure clarity and understanding. Get ready to excel!

An easement appurtenant involves the relationship between two parcels of land, specifically the dominant tenement and the servient tenement. The dominant tenement is the property that benefits from the easement, while the servient tenement is the property that is burdened by the easement.

For an easement appurtenant to be valid and have legal standing, it is essential that both of these tenements exist. The dominant tenement is what makes the easement "appurtenant," indicating that the benefit of the easement attaches to this particular parcel of land rather than to an individual person. This relationship allows the owner of the dominant tenement to use a portion of the servient tenement for a specific purpose, such as accessing a road or utility line.

Without the presence of both the dominant and servient tenements, an easement appurtenant cannot function as intended since there would be no land to benefit from the easement or no land to be burdened by it. This is why the existence of a dominant tenement is crucial for the establishment of an easement appurtenant.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy