Severance termination: What effect does severance have on an appurtenant easement?

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Prepare for the Themis MBE Real Property Exam. Dive into multiple choice questions with thorough explanations and hints. Maximize your success and feel confident on exam day.

Multiple Choice

Severance termination: What effect does severance have on an appurtenant easement?

Explanation:
Severance ends an appurtenant easement because that type of easement is tied to the relationship between two parcels—the dominant estate that benefits and the servient estate that is burdened. When those parcels are severed into separate ownership, there is no longer a single dominant parcel that can benefit from the right, so the easement can no longer operate and is extinguished. It doesn’t extend the right, become a license, or create a new easement.

Severance ends an appurtenant easement because that type of easement is tied to the relationship between two parcels—the dominant estate that benefits and the servient estate that is burdened. When those parcels are severed into separate ownership, there is no longer a single dominant parcel that can benefit from the right, so the easement can no longer operate and is extinguished. It doesn’t extend the right, become a license, or create a new easement.

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