Question 89

A telephone company placing poles on and running lines over private property is an example of an easement in gross.

An easement in gross is a type of easement that benefits an individual or entity rather than a specific piece of land. The scenario where a telephone company installs poles and lines over private property illustrates this concept, as the company holds the right to use another's land for its operations irrespective of property ownership.

A) The telephone company places poles on and runs lines over private property

This option accurately represents an easement in gross because it describes a situation where a utility company has the right to use someone else's property for its benefit, which is not tied to any specific parcel of land. The benefit is derived directly by the company rather than by a landowner.

B) The owner of a rear lot travels across someone else's property to reach his lot

This option describes an easement appurtenant, which benefits a specific parcel of land (the rear lot) rather than an individual. It involves a right of passage that is connected to the property itself, thus not qualifying as an easement in gross.

C) Smith had a right to use Jones' property because Smith has been doing so for a long enough period of time

This scenario suggests a potential claim of prescriptive easement rather than an easement in gross. A prescriptive easement arises from continuous use over time, benefiting Smith personally, which does not align with the definition of an easement in gross.

D) The right to cross Alden's yard to reach the Johnson house will automatically transfer with the Johnson house anytime it is sold

This option indicates an easement appurtenant, as it describes a right that is connected to the property (the Johnson house) itself and passes along with ownership. Therefore, it does not fit the criteria for an easement in gross.

Conclusion

In summary, option A is the correct answer as it exemplifies an easement in gross, demonstrating a right that benefits an entity, like a telephone company, rather than a specific piece of land. All other options describe rights or scenarios related to easements appurtenant or other legal concepts, which do not fulfill the requirements of an easement in gross.