What defines an easement?

Prepare for the NCEES Fundamentals of Surveying Exam. Study with flashcards and multiple choice questions, each question comes with hints and explanations. Get ready for your test!

An easement is fundamentally defined as the right that a person or the public has to use the land of another for a specific purpose. This legal right does not grant ownership of the land itself but allows the holder of the easement to utilize or access it in a manner specified by the terms of the easement. Common examples include rights of way for roads, utilities, or drainage systems.

The other options do not accurately describe an easement. Surface rights pertain to ownership of land and do not encompass the concept of permission or rights to use another's land. A lease, or "estate for years," involves a rental agreement and conveys more rights than an easement, generally allowing a lessee to occupy the property and use it as a tenant. A fee simple title represents the most complete form of ownership in real property and doesn't relate to the limited rights granted by an easement. Thus, the correct definition relates directly to the purpose and nature of easements in property law.

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