Escrow & Title
What is an 'easement in gross' and how does it differ from an easement appurtenant in Hawaii?
AA. They are identical types of easements with different names in different parts of Hawaii
BB. An easement in gross benefits a specific person or entity (not a neighboring property) and does not run with the land; an easement appurtenant benefits a neighboring parcel and transfers with it✓ Correct
CC. Easements in gross can only be held by government entities in Hawaii
DD. An easement appurtenant is temporary; an easement in gross is permanent
Explanation
An easement in gross is personal—it benefits a specific individual or entity rather than a parcel of land. Utility company easements are typically easements in gross (held by the utility).
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Key Terms to Know
Easement
A non-possessory right to use another person's land for a specific purpose.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
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