Question

Bev owns 500 acres of timberland. She grants a nonexclusive easement in gross to Kelly. Kelly later apportions the easement by selling one-half interests to Bill and Gus, both of whom are commercial loggers. Under these facts:
(a) Kelly has the right to apportion her nonexclusive easement.
(b) Bev could intervene and disallow the apportionment since only exclusive easements in gross can be apportioned.
(c) Kelly’s right to apportion is legal since Bill and Gus are commercial loggers.
(d) two of the above.

Answer 1

Answer:

B) Bev could intervene and disallow the apportionment since only exclusive easements in gross can be apportioned.

Explanation:

There are two types of easements:

1. easements in gross (exclusive easements) give legal right to use another person's land as long as the holder the easement lives or the title of the land is passed to another owner. This type of easement can be partially transferred.
2. appurtenant easements (non-exclusive easements) gives legal right to use adjourning property, this right is transferred when the land is sold. This type of easement cannot be divided or partially transferred.