Deck 5: Easements and Licenses
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Deck 5: Easements and Licenses
1
A prescriptive easement, once created, lasts only 20 years.
False
2
Utility easements for cross-country high-tension electric power lines are generally appurtenant easements.
False
3
Property benefited by an easement is known as the servient tenement.
False
4
An easement may be lost by the merger of the dominant and the servient tenements.
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5
A prescriptive easement, once created, can never be terminated.
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6
Appurtenant easements are not transferable.
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7
An easement that does not benefit a particular parcel of land is known as an appurtenant easement.
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8
An easement that is created for the benefit of a particular tract of land is called an appurtenant easement.
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9
Property benefited by an easement is known as the dominant tenement.
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10
The grantee of an appurtenant easement is the owner of the real property benefited by the easement.
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11
Appurtenant easements are transferable.
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12
An easement may be granted only by the owner of real property on which the easement is located.
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13
An easement that does not benefit a particular parcel of land is known as an easement in gross.
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14
A prescriptive easement, once created, is perpetual.
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15
An easement created by use of property without the permission of the owner is known as a prescriptive easement.
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16
An implied easement must be witnessed and notarized.
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17
Land on which an easement is located is known as the dominant tenement.
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18
The grantee of an appurtenant easement is the owner of the real property over which the easement is located.
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19
An easement that is created for the benefit of a particular tract of land is called an easement in gross.
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20
An easement created by use of property without the permission of the owner is known as an implied easement.
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21
A license must always be written, but it is not required to be notarized.
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22
Clark owns a parcel of land that adjoins a public highway. Kaylee owns a parcel of land behind
Clark's. Although Kaylee's land has access to another public street, Kaylee would like to build
a driveway over Clark's land to the highway. Clark is agreeable to granting Kaylee an easement for the driveway. What kind of easement would Kaylee have? Whose property would be referred to as the dominant tenement? Whose property would be referred to as the servient tenement?
Clark's. Although Kaylee's land has access to another public street, Kaylee would like to build
a driveway over Clark's land to the highway. Clark is agreeable to granting Kaylee an easement for the driveway. What kind of easement would Kaylee have? Whose property would be referred to as the dominant tenement? Whose property would be referred to as the servient tenement?
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23
A license must always be written and notarized.
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24
An easement can be terminated by the express agreement of the parties.
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25
An easement to an electric power company for the location of a high-tension electric power line across several owners' properties would generally be known as a(n)
A) appurtenant easement.
B) license.
C) easement in gross.
D) easement by necessity.
A) appurtenant easement.
B) license.
C) easement in gross.
D) easement by necessity.
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26
A landlocked owner who acquires an easement over a neighbor's property to gain access to a public road is generally thought to own
A) a prescriptive easement.
B) an implied easement.
C) a license.
D) an easement by necessity.
A) a prescriptive easement.
B) an implied easement.
C) a license.
D) an easement by necessity.
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27
Acme Sign Company wants the right to erect a billboard sign on Farmer Jeff's property. Farmer Jeff and Acme agree that Acme can obtain a license to erect and use a billboard sign on Farmer Jeff's property for $10,000. They enter into a written license agreement and Acme pays Jeff
$10,000. A year later Farmer Jeff decides he hates the sign and tells Acme that the license is
terminated and the sign must be removed. Does Jeff have the legal right to do this? Explain your answer.
$10,000. A year later Farmer Jeff decides he hates the sign and tells Acme that the license is
terminated and the sign must be removed. Does Jeff have the legal right to do this? Explain your answer.
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28
Which of the following events would not terminate an easement?
A) Ownership of the dominant and servient tenement by the same owner
B) Expiration of a fixed duration
C) Failure to use the easement on a continuous basis
D) Dedication of a private road easement to public use
A) Ownership of the dominant and servient tenement by the same owner
B) Expiration of a fixed duration
C) Failure to use the easement on a continuous basis
D) Dedication of a private road easement to public use
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29
Implied easements are generally
A) appurtenant easements.
B) written easements.
C) easements in gross.
D) licenses.
A) appurtenant easements.
B) written easements.
C) easements in gross.
D) licenses.
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30
An easement can be terminated by abandonment of use.
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31
The termination of an easement when both the dominant and servient tenements are owned by the same person is known as
A) abandonment.
B) forfeiture.
C) merger.
D) foreclosure.
A) abandonment.
B) forfeiture.
C) merger.
D) foreclosure.
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32
A person buys a subdivision lot. The subdivision plat shows a number of streets in the subdivision. What kind of easement does the lot owner have to use these streets?
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33
The owner of parcel A grants to the owner of parcel B an easement to use a driveway located on parcel
A) The owner of parcel B sells parcel B to X. The driveway easement
A) terminates.
B) is transferred to X if described in the deed,
C) is automatically transferred to X.
D) none of the above
A) The owner of parcel B sells parcel B to X. The driveway easement
A) terminates.
B) is transferred to X if described in the deed,
C) is automatically transferred to X.
D) none of the above
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34
Generally, a license is revocable at any time.
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35
A farm owner who gives a person permission to fish in his lake gives the person a(n)
A) easement in gross.
B) license.
C) implied easement.
D) easement by necessity.
A) easement in gross.
B) license.
C) implied easement.
D) easement by necessity.
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36
A foreclosure of a mortgage, which is recorded before the express grant of an easement on easement property, has the following effect upon the easement:
A) No effect
B) Converts the easement to a license
C) Transfers the easement to the purchaser at the foreclosure sale
D) Terminates the easement
A) No effect
B) Converts the easement to a license
C) Transfers the easement to the purchaser at the foreclosure sale
D) Terminates the easement
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37
The land benefited by an appurtenant easement is known as the.
A) dominant tenement.
B) servient tenement.
C) prescriptive tenement.
D) licensure.
A) dominant tenement.
B) servient tenement.
C) prescriptive tenement.
D) licensure.
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