What type of right has Rancher Ross inadvertently created by selling his property's mineral rights?

Study for the CAS 45-Hour Real Estate Principles Course Test. Utilize flashcards and multiple choice questions to prepare thoroughly. Each question is paired with hints and explanations. Get ready to excel in your exam!

Rancher Ross has inadvertently created an easement by implication by selling his property's mineral rights. This type of easement arises when the original owner of a property sells a part of it, specifically where the use of the remaining property is dependent on the use of the conveyed property for a reasonable purpose.

In this case, by selling the mineral rights, Ross may have created an implied right for the buyer to access the property to extract minerals. The assumption here is that access is necessary to effectively utilize the rights that were sold, establishing a connection between the land and its use that was not explicitly defined in the sale transaction.

Easements by implication focus on the need for access or use that was existing prior to the sale, making it clear that the new owner of the mineral rights has a justified element of use that was not just abandoned by the act of sale. This principle helps to ensure that transactions are fair and practical for both parties involved.

Other options, such as easement by necessity, tend to revolve around situations where landlocked properties require access, and licenses are typically more temporary and do not confer any interest in the property itself. Right of entry is associated with the reclaiming of possession or property under specific conditions and does not

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