Illinois Real Estate Practice Exam

What does a person receive when granted the right to use a well on another's land as long as they are alive?

1. Encroachment

2. Personal easement in gross

3. Remainder interest

4. Fixtures

The correct answer is: Personal easement in gross

The correct answer is indeed the personal easement in gross. This term refers to a specific type of easement that benefits an individual rather than a parcel of land. When a person is granted the right to use a well located on someone else's land for their personal benefit—such as drawing water for household purposes—they are granted a personal easement in gross. This easement is tied to the individual, meaning that it exists for the life of that person and does not transfer to others upon their death. Encroachment, on the other hand, generally refers to an unauthorized intrusion onto someone else's property, which is not relevant in this context. Remainder interest deals with future rights to property after a life estate ends, which does not apply here. Fixtures relate to items that are permanently attached to the property, distinguishing them from easements entirely. Hence, a personal easement in gross is the most appropriate term for the right to use a well on another's land while alive.