Property II - Easements | Attempts: 1005 - Quiz, Trivia & Questions

1.

An express easement can be created by grant or

Explanation
An express easement can be created by reservation. This means that when a property owner sells or transfers their property, they can reserve certain rights or privileges for themselves, such as the right to use a specific portion of the property for a particular purpose. This reservation creates an express easement, which is a legally binding agreement that grants the owner certain rights over the property even after it has been sold or transferred to someone else.

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2.

At common law, easements could only be reserved in favor of the grantor. Today, many courts have abandoned the traditional rule and allow grantor's to reserve easments in favor of a third party.

A.

True
B.

False

Correct Answer
A. True

Explanation
The statement is true because it states that many courts have abandoned the traditional rule that easements could only be reserved in favor of the grantor. Today, courts allow the grantor to reserve easements in favor of a third party. This means that the grantor can create an easement that benefits someone other than themselves.

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3.

The basic categories for easements are

A.

Express easements
B.

Easements implied from prior existing use
C.

Easements by necessity
D.

Prescriptive easements
E.

Irrevocable licenses or easements by estoppel

Correct Answer(s)
A. Express easements
B. Easements implied from prior existing use
C. Easements by necessity
D. Prescriptive easements
E. Irrevocable licenses or easements by estoppel

Explanation
The correct answer includes the basic categories for easements, which are express easements, easements implied from prior existing use, easements by necessity, prescriptive easements, and irrevocable licenses or easements by estoppel. These categories cover the different ways in which an easement can be established, such as through a written agreement (express easements), through the historical use of the land (easements implied from prior existing use), or through legal requirements for access (easements by necessity). Prescriptive easements are established through continuous and uninterrupted use of another person's land, while irrevocable licenses or easements by estoppel are created through the actions or statements of the landowner.

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4.

All of the basic categories for easements must satisfy the statute of frauds.

A.

True
B.

False

Correct Answer
B. False

Explanation
Easements are legal rights that allow someone to use another person's property for a specific purpose. The statute of frauds is a legal requirement that certain types of contracts, including those involving an interest in land, must be in writing to be enforceable. While easements generally involve an interest in land, not all easements need to satisfy the statute of frauds. Therefore, the statement that all basic categories for easements must satisfy the statute of frauds is false.

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5.

The required elements for easements implied from prior existing use are

A.

Severance of title to land held in common ownership
B.

An existing, apparent and continuous use when severance occurs
C.

Reasonable necessity for the use at time of severance
D.

Satisfaction of the statute of frauds

Correct Answer(s)
A. Severance of title to land held in common ownership
B. An existing, apparent and continuous use when severance occurs
C. Reasonable necessity for the use at time of severance

Explanation
The correct answer states that the required elements for easements implied from prior existing use are severance of title to land held in common ownership, an existing, apparent and continuous use when severance occurs, reasonable necessity for the use at the time of severance, and satisfaction of the statute of frauds. This means that for an easement to be implied from a prior existing use, the land must have been divided or sold between two parties who previously held it in common ownership. Additionally, there must have been a clear and continuous use of the land by one party when the severance occurred, and this use must be reasonably necessary. Finally, the agreement must satisfy the statute of frauds, which requires that certain contracts, including easements, be in writing to be enforceable.

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6.

Easements implied from prior existing use terminate when the reasonable necessity for the use ceases to exist

A.

True
B.

False

Correct Answer
B. False

Explanation
Easements by necessity terminate when the necessity ceases to exist. Easements implied from prior existing use do not have such limitations on duration and have regular termination rules.

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7.

To acquire an easement by prescription, it is necessary that the owner have actual knowledge of the use.

A.

True
B.

False

Correct Answer
B. False

Explanation
As long as the claimant's use is open and notorious - i.e. sufficiently visible and apparent that a diligent owner who was present at the time would be able to discover it, it is not necessary that the owner have actual knowledge. So long as the use was not concealed or hidden this element will be satisfied.

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8.

Easements may be created through eminent domain.

A.

True
B.

False

Correct Answer
A. True

Explanation
Easements may be created through eminent domain. This means that the government has the power to acquire private property for public use, and in doing so, may create easements on the property. Eminent domain allows the government to take certain rights or interests in the property, such as the right to access or use a portion of it, without the owner's consent. Therefore, it is true that easements may be created through eminent domain.

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9.

When the dominant land is subdivided, every lot owner in the subdivision is entitled to use any easement appurtenant to the dominant land. But this rule is limited by the principle that the easement cannot be expanded so far that it

Correct Answer
unreasonably burdens the servient land
unreasonably burdens the servient estate
unreasonably burdens

Explanation
The correct answer is "unreasonably burdens the servient land" and "unreasonably burdens the servient estate". This means that while every lot owner in the subdivision is entitled to use any easement appurtenant to the dominant land, this right is limited by the principle that the easement cannot be expanded to the extent that it unreasonably burdens the land or estate that is serving the easement. This ensures that the rights of both the dominant land owner and the servient land owner are balanced and not unfairly burdened.

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10.

Courts are reluctant to permit expansion of a prescriptive easement because it has little connection to party intent. The presumption that the parties intended the easement to expand to meet future needs is unavailable.

A.

True
B.

False

Correct Answer
A. True

Explanation
Courts are hesitant to allow the expansion of a prescriptive easement because it is not based on the intent of the parties involved. There is no presumption that the parties intended for the easement to grow to accommodate future needs. Therefore, the statement that courts are reluctant to permit the expansion of a prescriptive easement is true.

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11.

Which one of the following is not one of the traditionally recognized categories for negative easements

A.

Blocking windows
B.

Building commercial structures
C.

Removing support

Correct Answer
B. Building commercial structures

Explanation
The traditionally recognized categories for negative easements include blocking windows and removing support. Building commercial structures, on the other hand, is not typically considered a category for negative easements.

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12.

An informal permission that allows one to use the land of another for a narrow purpose. It is viewed as a personal privilege and is usually temporary in nature. It can be created orally.

Correct Answer
license

Explanation
A license is an informal permission that allows one to use the land of another for a narrow purpose. It is considered a personal privilege and is typically temporary in nature. A license can be created orally, meaning it does not necessarily require a written agreement.

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13.

The right to enter the land of another and remove timber, minerals, oil, gas, gravel, game, fish, or other physical substances.

Correct Answer
Profit
Profits
Profits a prendre

Explanation
This answer refers to the legal concept of "profits a prendre," which is the right to enter someone else's land and take away natural resources or physical substances for personal gain. It encompasses the extraction of timber, minerals, oil, gas, gravel, game, fish, or any other tangible resources that can be monetarily beneficial. The term "profits a prendre" is often used in property law to describe this specific right.

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