What is the exam-ready distinction?
| Roadmap post | 171 of 500 |
|---|---|
| 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 |
| Content checked through | August 2, 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 1Which easement lacks a dominant tenement?
- A. An easement appurtenant
- B. Every prescriptive easement
- C. A party-wall easement in every case
- D. An easement in gross
Show answer and explanation →
Answer: D. An easement in gross
An easement in gross is correct. An easement appurtenant benefits one parcel and burdens another. An easement in gross benefits a person or organization without requiring a dominant parcel. A prescriptive easement describes a method of acquiring a use right through conduct satisfying state-law elements for the required period. Do not confuse the beneficiary category with the creation method. The rejected choices are An easement appurtenant; Every prescriptive easement; A party-wall easement in every case. Each misses the legal category or controlling fact stated in the rule.
Question 2A recorded right lets the owner of Lot A cross Lot B to reach the road.
- A. Lot A has an easement appurtenant over Lot B.
- B. It is an easement in gross because a person uses it.
- C. It is prescriptive merely because it is recorded.
- D. It transfers possession of Lot B to Lot A's owner.
Show answer and explanation →
Answer: A. Lot A has an easement appurtenant over Lot B.
The right benefits Lot A and burdens Lot B, so it is tied to two parcels rather than only a named individual. Therefore, Lot A has an easement appurtenant over Lot B. The other choices fail because they replace those controlling facts with a neighboring concept or an unsupported absolute rule.
Question 3What should a candidate identify first when comparing Easement Appurtenant Versus Easement in Gross Versus Prescriptive Easement?
- A. The option with the longest definition, without classifying the facts.
- B. Identify who or what receives the benefit, whether a dominant parcel exists, and how the use right was created.
- C. A memorized Georgia rule, even when the question asks for a national concept.
- D. The answer that sounds most favorable to the buyer, regardless of the document or event.
Show answer and explanation →
Answer: B. Identify who or what receives the benefit, whether a dominant parcel exists, and how the use right was created.
Identify who or what receives the benefit, whether a dominant parcel exists, and how the use right was created. That sequence identifies the legal category before the label. Choosing by definition length ignores the facts, importing a Georgia rule can answer the wrong jurisdictional question, and favoring one party substitutes sympathy for classification.
Mastery tracking
Mark this distinction mastered only when every statement is 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 controlling fact.
- Explain why every trap and distractor is tempting but wrong.
- Answer all three original questions correctly in mixed practice on a later day.
Recommended next lesson
Continue with Voluntary Versus Involuntary Liens. Continue to roadmap comparison 172.
Return to the complete exam-concept library or the Property Ownership hub.