Which of the following is a type of encumbrance that gives someone the right to use land for a specific purpose?

• A. Encroachment
• B. Easement
• C. Lien
• D. Deed restriction

Answer: (B)

An easement is the type of encumbrance that gives someone the right to use land for a specific purpose while the owner retains title. It’s a non-possessory interest that burdens one parcel (the servient estate) for the benefit of another (the dominant estate) and it runs with the land, so it remains even if the property changes hands. Examples include a driveway that crosses someone else’s property, a utility line, or a public right-of-way.

Easements can be created by express grant in a deed, by prescription, by necessity, or by implication, and they can be appurtenant (tied to a parcel and benefiting another parcel) or in gross (benefiting a person or entity rather than a specific parcel).

This differs from encroachment, which is an accidental intrusion of a structure onto a neighbor’s land without a legal right; a lien, which is a claim against property to secure a debt; and a deed restriction, which limits how the owner can use the land rather than giving someone else a use right.