An entitlement to use land possessed by another, which is agreed upon by both parties, and set in a written instrument is?

Study for the Legal Aspects of Code Administration Test. Utilize flashcards and multiple choice questions with hints and explanations for every question. Prepare thoroughly for your exam!

Multiple Choice

An entitlement to use land possessed by another, which is agreed upon by both parties, and set in a written instrument is?

Explanation:
Expressed easement is the right described. An easement is a non-possessory interest that lets someone use another person’s land for a specific purpose. When the parties clearly agree and put that agreement into a written instrument (such as a deed or grant), the right is created expressly. This contrasts with a license, which is mere permission to use land and can be revoked and does not create an actual ownership interest. It also differs from an implied easement, which arises from the surrounding circumstances or prior use rather than a written agreement, and from an easement by prescription, which is gained through long-term, adverse use without the owner’s permission. The key elements here—mutual agreement and a written instrument—point to an express easement.

Expressed easement is the right described. An easement is a non-possessory interest that lets someone use another person’s land for a specific purpose. When the parties clearly agree and put that agreement into a written instrument (such as a deed or grant), the right is created expressly. This contrasts with a license, which is mere permission to use land and can be revoked and does not create an actual ownership interest. It also differs from an implied easement, which arises from the surrounding circumstances or prior use rather than a written agreement, and from an easement by prescription, which is gained through long-term, adverse use without the owner’s permission. The key elements here—mutual agreement and a written instrument—point to an express easement.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy