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 allows a utility company to utilize land for specific purposes without needing to own adjacent property. This makes it particularly suitable for utility companies installing power lines, as they may need access across multiple parcels of land that they do not own.
A) easement appurtenant because it cannot run with the land
This option is incorrect because an easement appurtenant is designed to benefit a specific piece of land and runs with the land, meaning it is tied to the land itself rather than a particular individual. Therefore, it is not applicable in a situation where the utility company needs access to multiple properties.
B) easement appurtenant because it cannot be extinguished by merger of the dominant and servient tenements
This choice is also incorrect. An easement appurtenant can indeed be extinguished if the dominant and servient tenements are merged under common ownership. This characteristic does not support the scenario of a utility company needing access to land across multiple counties, which is better served by an easement in gross.
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 an easement in gross allows the utility company to enter and use land without owning adjacent property. This is essential for public utility companies that often require access to various land parcels for the installation and maintenance of power lines.
D) easement in gross because it allows the holder of the easement to eventually gain title to the encumbered property
This statement is incorrect. An easement in gross does not grant the holder any rights to gain title or ownership of the encumbered property; it merely provides the right to use that property for specific purposes. Therefore, this option does not accurately describe the nature of easements in gross.
Conclusion
The correct answer is C, as it accurately describes how an easement in gross functions, allowing the utility company to operate across various properties without the need for adjacent ownership. Options A and B mischaracterize the nature of easements appurtenant, while option D incorrectly suggests that an easement in gross can lead to ownership of the property itself. Thus, C is the most suitable answer for the utility's needs in this context.