New York State Real Estate Salesperson Licensing Exam

What is the right to use another's land that falls short of ownership called?

1. Easement

2. License

3. Leasehold

4. Encumbrance

The correct answer is: Easement

The right to use another's land that falls short of ownership is known as an easement. An easement is a legal interest in someone else's property that allows the holder to use the property for a specific purpose, such as a right of way to access their property or utility access. Unlike ownership, which grants full control and rights over the property, an easement provides limited use that does not transfer ownership. It's essential to understand the distinctions between this concept and others. For instance, a license allows someone to use another person's property but does not create a legal interest in the property; it's often more temporary and can be revoked. Conversely, a leasehold represents a tenant's right to occupy and use property for a specific period under agreed terms, involving more substantive control than an easement. An encumbrance refers to any claim against a property, such as a lien or easement, that may affect its transfer or value but does not specifically denote usage rights. Thus, the term that accurately describes the right to use land without ownership is an easement.