A property owner grants their neighbor the right to cross their land to access a public road. This agreement is made in writing and specifies that it will bind future owners of both properties. Several years later, the property owner sells their land to a new buyer, who attempts to block the neighbor from crossing the property. What is the most accurate classification of the right granted to the neighbor to cross the property?
The correct answer is easement appurtenant. An easement appurtenant benefits the dominant estate (the neighbor’s property) and runs with the land, meaning it transfers with the property regardless of ownership. Since the agreement was in writing, it satisfies the Statute of Frauds. The fact that the right to cross the land was intended to bind future owners also indicates an easement appurtenant rather than a personal right (license). An easement in gross differs because it does not benefit a dominant estate, and a profit involves the right to remove resources rather than the mere right to cross land.
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What is an easement appurtenant?
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What are the legal requirements for creating a valid easement?