What type of easement does Bill receive by having a right of way through his neighbor's property?

Study for the New York Real Estate Institute (NYREI) Exam. Get ahead with flashcards and multiple choice questions, each accompanied by hints and explanations. Equip yourself with the knowledge to pass your exam confidently!

Bill receives an easement appurtenant by having a right of way through his neighbor's property because this type of easement benefits a specific piece of land rather than an individual person. In this scenario, Bill's easement allows him to cross over his neighbor's property, enhancing the use and enjoyment of his own land. The essential characteristic of an easement appurtenant is that it transfers with the land, meaning that if Bill were to sell his property, the right of way would automatically pass to the new owner, continuing to benefit the land.

This contrasts with other forms of easements. An easement by necessity arises when a property is landlocked and needs access to a road or pathway, while an easement in gross is not tied to a specific piece of land and benefits an individual or entity instead of a parcel of property. An easement by prescription, on the other hand, is acquired through continuous and open use over a specific period, rather than being granted by agreement or necessity. In Bill's case, the existence of a specific right of way indicates the presence of an appurtenant easement.

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