Texas Real Estate State Practice Exam

What term refers to withholding title of part of the land, such as easements or mineral rights?

1. Encroachment

2. Easement

3. Lein

4. License

The correct answer is: License

The correct term for withholding title to a part of the land, such as easements or mineral rights, is not license but easement. An easement allows one party to use a portion of another party’s land for a specific purpose without transferring ownership. This legal concept permits the holder of the easement to utilize certain parts of the property, such as for access or utility lines, while the property owner retains ownership of the land. A license, on the other hand, is a temporary and revocable permission to use someone else's land for a specific purpose but does not provide any legal interest in the property itself, differing fundamentally from an easement, which is a right that runs with the land. Encroachment refers to unauthorized extension or intrusion onto another person's property, and a lien is a legal right or interest that a lender has in a borrower's property, granted until the debt obligation is satisfied. Thus, the concept of withholding title aligns directly with the nature of an easement as a property interest.