89. A public utility company is installing power lines across several counties. Will the utility company be more likely to be granted an easement appurtenant or an easement in gross?
Answer: C
The utility company will be more likely to be granted an easement in gross because it does not require ownership of real property adjacent to the property that is subject to the easement.
An easement in gross is a specific type of easement that benefits a person or entity rather than a piece of land. Since the utility company is not necessarily required to own adjacent land to the easement, it aligns with the characteristics of an easement in gross.
A) easement appurtenant because it cannot run with the land
This option is incorrect because an easement appurtenant is designed to benefit a particular parcel of land and runs with that land, meaning it is tied to the property rather than to the property owner. Therefore, it does not fit the context of the utility company’s situation, which does not require ownership of adjacent land.
B) easement appurtenant because it cannot be extinguished by merger of the dominant and servient tenements
This option is also incorrect. While it is true that an easement appurtenant may not be extinguished by merger, this does not make it applicable to the utility company's case. The nature of the easement in question does not align with appurtenant characteristics since the utility company does not possess adjacent land.
C) easement in gross because it does not require ownership of real property adjacent to the property that is subject to the easement
This option is correct as it accurately reflects the definition and characteristics of an easement in gross. Since the utility company can obtain an easement without owning adjacent land, this type of easement is the most suitable for their needs.
D) easement in gross because it allows the holder of the easement to eventually gain title to the encumbered property
This option is incorrect because an easement in gross does not confer ownership rights or title to the encumbered property. Instead, it grants specific usage rights. Therefore, this statement misrepresents the nature of an easement in gross.
Conclusion
The correct answer is C, as it appropriately identifies the easement in gross as the suitable choice for the utility company, given its lack of requirement for adjacent land ownership. The other options either mischaracterize the nature of easements or fail to align with the situation involving the utility company. This highlights the importance of understanding the distinctions between different types of easements in real property law.