Easements are classified as appurtenant or in gross. Which is true?

• A. In gross easements are presumed to run with the land.
• B. Negative easements are presumed to run with the land.
• C. Licenses are presumed to run with the land.
• D. Appurtenant easements are presumed to run with the land.

Answer: (D)

The key idea is that easements come in two forms: appurtenant and in gross. An appurtenant easement is tied to the land it benefits (the dominant estate) and the burdened land (the servient estate). Because it benefits a parcel of land, it automatically runs with that land and passes to new owners when either the benefiting parcel or the burdened parcel is sold. In gross easements, the right benefits a person or business rather than a piece of land, so they generally do not run with the land.

Licenses are permissions to use someone else’s land and are typically revocable and personal, not transferable with property. Negative easements are not automatically treated as running with land unless they’re created as appurtenant.

So the statement that appurtenant easements run with the land is true.