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What is an easement?

  1. Title to surface rights only

  2. A lease or "estate for years"

  3. A fee simple title

  4. The right that the public or an individual has in the lands of another

The correct answer is: The right that the public or an individual has in the lands of another

An easement is defined as the right that the public or an individual has to use the lands of another for a specific purpose. This means that an easement grants someone the legal right to use a portion of another person's property without owning it, while the property owner retains ownership and certain rights over their land. Common examples include utility easements allowing companies to install power lines or pipelines across private property or access easements that allow individuals to cross someone else's land to reach their own property. This option accurately reflects the nature of an easement, which fundamentally serves as a limited right that can benefit either specific individuals or the general public, rather than transferring ownership or title to the property itself.