Lauren and Hayden own residential houses side by side. Between the houses is one driveway that provides mutual access to both back yards. Lauren actually owns the property where the driveway sits. However, Hayden has the right to use the driveway to
access his back yard. What type of easement does this situation describe, an easement appurtenant or an easement in gross? What are the differences between the two types of easements?
Hayden's easement is an easement appurtenant. The use of the driveway benefits Hayden's use of his own property. Hayden would not have reasonable access to his back yard without this easement right. We say this easement runs with the land, because, the easement stays with the land regardless of who has title to the real property and cannot be sold apart from Hayden's land. Hayden's land is the dominant tenement. Lauren's land is considered to be the servient tenement. The second type of easement, an easement in gross, benefits the easement owner, but not in the use of other land. Most easements in gross can be sold.
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