The right of a water company to lay and maintain water mains along a designated line in the rear of a lot would be called an
A encroachment.
B easement in gross
C accretion right.
D appurtenance
The correct answer and explanation is :
The correct answer is:
B. Easement in Gross
Explanation:
An easement in gross is a legal right granted to an individual or entity (such as a utility company) to use another person’s land for a specific purpose. Unlike an appurtenant easement, which benefits a particular property, an easement in gross benefits a company or individual rather than a piece of land.
In this case, a water company is granted the right to lay and maintain water mains along a designated path in the rear of a lot. The easement does not transfer with property ownership but instead belongs to the water company, allowing them to access the land whenever necessary for maintenance or repairs.
Why the Other Answers Are Incorrect:
- A. Encroachment: An encroachment occurs when a structure, such as a fence or building, intrudes onto another person’s property without permission. A legal easement, such as the one granted to a water company, is not considered an encroachment because it is authorized.
- C. Accretion Right: Accretion refers to the gradual natural increase of land due to the accumulation of soil by water action (such as river sediment). This concept is unrelated to the laying of water mains.
- D. Appurtenance: An appurtenance is a right or improvement attached to the land that transfers with property ownership, such as a driveway or fence. Easements in gross, like the one granted to a water company, are not appurtenant since they do not benefit a specific parcel of land but rather a utility company.
Thus, an easement in gross is the correct legal term for the right of a water company to lay and maintain water mains on another person’s land.
