62. 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 is 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 typically granted to individuals or entities for specific purposes, such as utility companies, and it does not necessitate the ownership of adjacent land. This makes it a suitable option for the utility company's need to install power lines across multiple counties.
A) easement appurtenant because it cannot run with the land
This option is incorrect as an easement appurtenant is designed to benefit a particular piece of land and typically runs with the land. It requires a dominant tenement to exist, which is not applicable in this scenario involving a utility company.
B) easement appurtenant because it cannot be extinguished by merger of the dominant and servient tenements
While this statement is true, it does not apply to the situation of a utility company installing power lines. An easement appurtenant is still tied to the ownership of land, making this option irrelevant for a utility easement.
C) easement in gross because it does not require ownership of real property adjacent to the property that is subject to the easement
This is the correct choice as easement in gross allows the utility company to have rights over the property without needing to own adjacent land. This characteristic is essential for utility companies that often serve widespread areas.
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 provide a pathway for the holder to gain title to the property. It merely provides usage rights without transferring ownership.
Conclusion
The correct answer is C, as an easement in gross is specifically designed for entities like utility companies that need access to properties without the requirement of owning adjacent land. All other options either misinterpret the nature of easements or fail to address the unique needs of a utility company in this context.