Answer & Solution
Answer: Option A
Solution:
Easement is a right
in rem, which means it is a right in or against a thing, rather than a specific person. It is a right associated with a piece of land or property that allows the holder of the easement certain usage or access rights over that land or property. This right is not dependent on a specific individual but is attached to the property itself.
Option A:
In rem
This option is correct. Easement is considered a right
in rem, meaning it is a right associated with a property or thing rather than a specific person.
Option B:
In personam
In personam rights are rights that are enforceable against a specific individual. Easement is not an in personam right because it is not based on a personal relationship but rather on the property itself.
Option C:
Neither (A) nor (B)
This option is incorrect because easement is indeed an
in rem right.
Option D:
In rem in general but in personam in exceptional cases
This option is not accurate. Easement is primarily an
in rem right and is not typically considered an in personam right.
So, the correct answer is
Option A: In rem.
