ICC Permit Technician Practice Exam

Which types of easements are recognized?

1. Implied, affirmative, negative, positive

2. Public, private, negative, affirmative

3. Only implied and affirmative

4. Expressed, implied, affirmative, negative

The correct answer is: Expressed, implied, affirmative, negative

The types of easements recognized in property law include expressed, implied, affirmative, and negative easements. An expressed easement is one that is clearly defined and documented in writing, typically in a deed or other legal instrument. An implied easement arises from the circumstances or conduct of the parties involved, demonstrating that there was a mutual intention to create such an easement, even if not formally documented. Affirmative easements allow the holder to take specific actions on someone else's property, such as the right to cross the property for access to a public road. On the other hand, negative easements restrict the property owner from performing certain actions that might otherwise be permissible, ensuring that the easement holder's interests are protected. Other combinations fail to correctly encompass all recognized types of easements. For example, choices that exclude either expressed or implied easements miss critical distinctions important for understanding property rights. Thus, recognizing all four types provides a comprehensive view of how easements function in real estate and property law.