Maine Real Estate License Practice Exam

What type of easement applies to the assigned parking space mentioned previously?

1. Easement by necessity

2. Easement appurtenant

3. Party wall easement

4. Adverse possession

The correct answer is: Easement appurtenant

A parking space assigned to a particular property is typically categorized as an easement appurtenant. This type of easement is linked to a specific parcel of land and benefits that property by granting the right to use a portion of another property, in this case, for parking. The key feature of an easement appurtenant is that it enhances the value and usability of the dominant tenement (the property benefiting from the easement) and is tied to the land, meaning it remains in effect even if the property is sold or transferred. Easement by necessity generally arises when a property is landlocked and requires access to a road or pathway. A party wall easement pertains to a shared wall between two adjoining properties, often concerning maintenance and use of that wall. Adverse possession relates to a situation where someone claims ownership of land they have occupied and used, under certain conditions and for a specified period. In this context, the assigned parking space acts as a right associated directly with the property it serves, thus categorizing it as an easement appurtenant.