48. 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.
Easements in gross are typically granted to entities like utility companies that need to use land for specific purposes without needing to own adjacent land. This type of easement allows the utility to install and maintain power lines across various properties.
A) easement appurtenant because it cannot run with the land
This option is incorrect because an easement appurtenant is associated with a specific piece of land and benefits the owner of that land. Since the question pertains to a utility company needing access across multiple properties, an easement appurtenant would not be suitable as it requires 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 easements appurtenant may not be extinguished by merger, the fundamental issue remains that the utility company does not own the adjacent land necessary for an easement appurtenant. Therefore, this does not apply in this context.
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. An easement in gross allows a utility company to have rights over a piece of property for a specific purpose, such as installing power lines, without needing to own or be adjacent to the land in question. This makes it the most appropriate choice for the scenario described.
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 the right to gain title to the encumbered property. It merely grants usage rights to the easement holder. The utility company would not gain ownership of the land itself through an easement in gross.
Conclusion
The correct answer is C, as it accurately describes the nature of an easement in gross, which is essential for utility companies needing to traverse various properties without adjacent ownership. Options A, B, and D fail to meet the requirements of the scenario, making C the only viable choice. This distinction is crucial in understanding how easements function regarding land use rights.