A neighbor granted another neighbor the right to use a well on his property. What is this interest called?

Study for the Indiana RECP Comprehensive Test. Utilize flashcards and multiple-choice questions, each with hints and explanations. Prepare to ace your exam!

The scenario describes a situation where one property owner allows another individual to use a well located on their property. This is classified as an easement in gross. An easement in gross is a right to use someone else's land for a specific purpose without conferring any interest in the property itself. This type of easement is not tied to a specific piece of land but instead benefits an individual or entity.

In this case, the neighbor benefiting from the right to use the well does not own land adjacent to it, which reinforces that it is an easement in gross. This type of interest is often used for utilities, such as water, sewer, or power lines, where the usage is granted without the necessity of an adjoining property.

While a license could have been discussed, it typically refers to a temporary permission that is revocable and does not create property rights. An easement appurtenant involves a dominant and a servient estate, where the easement benefits a specific piece of property rather than an individual. The term profit refers to the right to enter someone's land to remove resources.

Understanding these distinctions clarifies that allowing a neighbor access to a well constitutes an easement in gross due to the nature of the interest granted.

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