Which statement best describes the burden of an easement on the servient owner?

Which statement best describes the burden of an easement on the servient owner?

• A. It grants exclusive possession to the easement holder.
• B. It imposes a tax.
• C. It allows use of the land by the easement holder while restricting the servient owner's use.
• D. It creates a tenancy.

Answer: (C)

An easement is a non-possessory right that one person has to use another person’s land for a specific purpose. The burden on the servient owner is that their land is restricted to allow that use for the benefit of the easement holder. The servient owner retains ownership but must tolerate the easement holder’s rights over the specified area, which limits how the servient owner can use that part of the land. This distinguishes it from exclusive possession, a tax, or a tenancy. For example, a right of way lets the holder travel across a defined strip, and the servient owner cannot block that use, though they can continue to use the rest of the land.

An easement is a non-possessory right that one person has to use another person’s land for a specific purpose. The burden on the servient owner is that their land is restricted to allow that use for the benefit of the easement holder. The servient owner retains ownership but must tolerate the easement holder’s rights over the specified area, which limits how the servient owner can use that part of the land. This distinguishes it from exclusive possession, a tax, or a tenancy. For example, a right of way lets the holder travel across a defined strip, and the servient owner cannot block that use, though they can continue to use the rest of the land.