What is NOT true of an easement appurtenant?

Prepare for the Texas Real Estate Appraisal Exam. Test your knowledge with flashcards and multiple choice questions, all with hints and explanations. Pass with confidence!

An easement appurtenant is a legal right to use a portion of another property for a specific purpose, and it is tied to the land rather than the owner. This type of easement involves two properties: the dominant estate, which benefits from the easement, and the servient estate, which is burdened by it.

When evaluating the claim about it being an encumbrance on the dominant property, it's important to understand the distinction between the dominant and servient properties. The dominant property enjoys the benefit granted by the easement, meaning it has a right that enhances its value or use. Therefore, it wouldn't be correct to describe an easement appurtenant as an encumbrance on the dominant property; rather, the encumbrance falls on the servient property, which must comply with the easement provisions.

In terms of the other statements: the fact that easement appurtenant involves adjoining properties is true since one property benefits while the other is encumbered. The characteristic of being a permanent right that runs with the land reflects the nature of the easement, as it stays in effect even if the property ownership changes. Additionally, the relationship between the dominant property and servient property, where the former is a neighbor

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