What is the exam-ready distinction?
| Official syllabus topic | Property Ownership: Easements; Creation and Termination |
|---|---|
| Official PSI area | Property Ownership |
| Published weight | 10% of the 100-question national portion |
| Source edition | PSI Georgia Candidate Information Bulletin dated July 1, 2026 |
The Rule
PSI publishes a weight for the complete official area, not a guaranteed count for this individual comparison. Use the source, document, actor, event, and timing stated in the question before applying a memorized definition.
Side-by-side comparison
Read across each row. The terms are deliberately compared on identical dimensions so the difference remains clear when the exam hides the vocabulary inside a scenario.
| Decision dimension | Appurtenant | In gross | Prescriptive |
|---|---|---|---|
| Benefit | Benefits a parcel called the dominant estate | Benefits a person or entity rather than another parcel | Use right claimed from qualifying conduct over time |
| Burden | Servient estate | Land subject to the holder's use right | Land used adversely or under the jurisdiction's required standard |
| Transfer | Usually runs with both parcels | Transferability depends on type and law; commercial rights are commonly assignable | Depends on the right established and state law |
| Creation clue | Express grant or implication tied to two parcels | Utility line or personal access right | Open, adverse, continuous use for the statutory period |
Decision rule
Georgia-specific distinction
Worked example
Scenario. A recorded right lets the owner of Lot A cross Lot B to reach the road.
Reason it through. The right benefits Lot A and burdens Lot B, so it is tied to two parcels rather than only a named individual.
Answer. Lot A has an easement appurtenant over Lot B.
Common exam traps
- Assuming every easement has a dominant estate
- Calling any long use prescriptive
- Confusing an easement with possession
- Treating creation method and beneficiary type as the same dimension
Original practice questions with detailed explanations
These are original instructional questions mapped to the July 1, 2026 PSI outline. They are not copied from PSI or any live examination. Choose an answer before opening the explanation.
Question 1A recorded agreement lets whoever owns Lot A cross Lot B to reach the public road. What type of easement does Lot A have?
- A. An easement in gross, because a person does the crossing
- B. A prescriptive easement, because the right is recorded
- C. An easement appurtenant, benefiting Lot A and burdening Lot B
- D. An encroachment, because it involves use of Lot B
Show answer and explanation →
Answer: C. An easement appurtenant, benefiting Lot A and burdening Lot B
An easement appurtenant benefits one parcel, the dominant estate, and burdens another, the servient estate. The right belongs to whoever owns Lot A, so it is tied to land rather than a named person. Picking in gross because a person does the crossing confuses who uses the right with what it benefits.
Question 2A power company holds a recorded right to run lines across several private lots. The company owns no neighboring land. What type of easement is this?
- A. Easement in gross
- B. Easement appurtenant
- C. Prescriptive easement
- D. Easement by necessity
Show answer and explanation →
Answer: A. Easement in gross
An easement in gross benefits a person or organization without any dominant parcel. The power company owns no land that the easement serves, and commercial rights like this are commonly assignable. Calling it appurtenant assumes every easement needs a benefited parcel.
Question 3A neighbor has openly driven across a corner of another owner's land without permission for many years and now claims a right to keep doing so. How would such a right be acquired?
- A. By express grant
- B. By dedication
- C. By condemnation
- D. By prescription
Show answer and explanation →
Answer: D. By prescription
Prescription acquires a use right through open, adverse, continuous use for the period state law requires. Express grant needs the owner's grant, which never happened here, and condemnation is a government taking. Georgia law sets the elements and time, so an exam question would supply the period if it expected you to apply one.
Ready to move on?
You have this distinction down when all of these are true.
- Define every compared term without using the other term as the definition.
- Rebuild the comparison table from memory.
- State the decision rule and Georgia distinction without notes.
- Solve the worked example after changing one key fact.
- Explain the rule or fact that makes each distractor wrong.
- Answer all three original questions correctly in mixed practice on a later day.
Recommended next lesson
Continue with Voluntary Versus Involuntary Liens. Easements limit how land is used, while liens secure debts against it, and the next page sorts liens by how they arise: a security deed the owner signs versus tax, judgment or mechanic's liens created by law.
Return to the complete exam-concept library or the Property Ownership hub.