Exam 4: Encumbrances Easements and Licenses

Which of the following events would not terminate an easement?

The right to use real property for a special purpose such as a roadway is known as a restrictive covenant.

An easement may only be granted by the owner of real property on which the easement is located.

Private restrictions on the use of real property are never enforceable.

Subcontractors are generally not entitled to a mechanic's lien.

The land benefited by an appurtenant easement is known as the:

A prescriptive easement, once created, only lasts 20 years.

It is not necessary to disclose that a home built prior to 1978 may have lead-based paint.

A purchaser who has actual knowledge of contamination at the time of purchasing the property may still be an innocent party under CERCLA.

Which of the following would not be considered a private encumbrance?

Zoning is considered a legislative function of a governmental authority.

Mechanic's and materialmen's liens can never be waived.

Private restrictive covenants are generally enforced by:

The grantee of an appurtenant easement is the owner of the real property benefited by the easement.

Generally, a license is revocable at any time.

A foreclosure of a mortgage, which is recorded before the express grant of an easement on easement property, has the following effect on the easement:

Utility easements for cross-country high-tension electric power lines are generally appurtenant easements.

Zoning does not require procedural due process.

A farm owner who gives a person permission to fish in a lake on their property gives the person:

Generally speaking, the power of government to issue zoning regulations is constitutional.