California Real Estate Salesperson Exam Practice – Quesiton 8

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Question

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Land which is subject to an easement is said to be

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Selections

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• A. Appurtenant thereto

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• B. Encroached upon

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• C. Encumbered

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• D. Restricted

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Answer: C

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5 Keys Summary

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1. Land subject to an easement is said to be encumbered because an easement is legally defined as a non-possessory interest that burdens or limits the title to the real property.

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2. An encumbrance is a claim or right in someone else’s property that may be financial (like a lien) or non-financial (like an easement or restrictive covenant).

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3. The specific property burdened by an appurtenant easement, allowing another party (the dominant tenement) the right of use, is called the servient tenement.

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4. Although an easement restricts the owner’s use of their property, “encumbered” is the more accurate legal term describing the condition of the title when burdened by such a legal claim.

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5. An easement is a legally granted right to use a portion of the land, distinguishing it from an encroachment, which is an unlawful intrusion onto the property.

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