What is the status of the retained lot when one acre is sold but an appurtenant easement is retained?

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When one acre is sold while retaining an appurtenant easement, the status of the retained lot is identified as the dominant tenement. In property law, an appurtenant easement is one that benefits a specific piece of land, known as the dominant tenement, by allowing the owner certain rights over an adjacent or neighboring piece of land, which becomes the servient tenement.

Since the retained lot retains the right to use the easement for its benefit, it is regarded as the dominant tenement. The easement gives the retained lot the ability to utilize the pathway or facility that easement provides, enhancing its value and utility. This distinction is fundamental in real estate because it outlines the relationship between the two parcels involved in the easement arrangement.

The other options, such as being the servient tenement or being subject to an easement in gross, don't align with the concept of appurtenant easements where rights and benefits are connected to a specific piece of land (the dominant tenement). Similarly, the idea that it can be cleared of the easement when sold misrepresents the nature of appurtenant easements, as they typically remain attached to the property unless explicitly revoked or severed through legal means.

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