Deck 4: Rights in Land of Others

Question 1

In some instances, an easement can be both negative and affirmative at the same time.

Answer 1

False

Question 2

A person who alleges that he owns an implied easement from prior use must show that his use of the land is strictly necessary.

Answer 2

False

Question 3

An easement in gross is always personal to the owner of it.

Answer 3

True

Question 4

Neither an easement appurtenant nor an easement in gross can ever be transferred separately from the dominant estate.

Question 5

Bev owns 500 acres of timberland.She grants a nonexclusive easement in gross to Kelly.Kelly later apportions the easement by selling one-half interests to Bill and Gus, both of whom are commercial loggers.Under these facts:

A)Kelly has the right to apportion her nonexclusive easement.
B)Bev could intervene and disallow the apportionment since only exclusive easements in gross can be apportioned.
C)Kelly's right to apportion is legal since Bill and Gus are commercial loggers.
D)two of the above.

Question 6

The owner of a negative easement has the right to use the land that is subject to the easement.

Question 7

In most states, a person who has received an unobstructed flow of air and light onto his land for a long period of time gains, by operation of law, a negative easement that can be used to prevent an adjacent landowner from building anything that obstructs the flow.

Question 8

Both the implied easement from prior use and the implied easement of necessity require original common ownership in one person.

Question 9

An exclusive easement in gross can be apportioned to others by the owner of the servient estate.

Question 10

Under the law of adverse possession, it is possible to acquire title to another's land without paying for it.

Question 11

Easements may be terminated by any of the following, except:

A)cessation of purpose.
B)expiration of period.
C)merger.
D)abandonment.
E)illegality of purpose.

Question 12

If the servient estate is destroyed through no fault of the servient owner the easement is terminated even though the servient estate is later rebuilt.

Question 13

Dawn used a path on Drew's property for jogging for over twenty years.Drew never gave her his permission.Because the path was usually muddy after the slightest rainfall, Dawn, at her own expense and without consent or objection from Drew, had the path paved.Dawn likely has:

A)an easement appurtenant.
B)an easement by prescription.
C)an easement by necessity.
D)an implied easement.
E)a license

Question 14

An implied easement can be created by:

A)prior use.
B)necessity.
C)reference to a plat.
D)all of the above.

Question 15

In order to establish an easement by estoppel the use of the easement must be hostile and open.

Question 16

A license is like an easement in gross in that both represent personal, revocable, non-assignable permission to do one or more acts on another person's land.

Question 17

Wayne and Mitch own adjoining parcels of land.Wayne to Mitch the right to install pipe across his property for the purpose of pumping spring water onto Mitch's property.Mitch's use of Wayne's property is:

A)an easement in gross.
B)an easement appurtenant.
C)a license.
D)a profit.
E)none of the above.

Question 18

A profit appurtenant may be sold to two or more parties if the sale does not increase the burden on the servient estate.

Question 19

Once a prescriptive right has been established, some variations in use are allowed if they are close to the original use.

Question 20

Whenever possible, most courts attempt to construe an easement as an easement in gross rather than an easement appurtenant.

Question 21

Which of the following is not a requirement for proving a prescriptive easement?

A)adverse use.
B)continuous use.
C)uninterrupted use.
D)necessity of use.
E)exclusive use.

Question 22

A license is irrevocable if:

A)the licensee exercised the license by expending capital and labor in reliance on the licensor's promise.
B)the license is coupled with an interest.
C)a statute specifies that the license is irrevocable.
D)all of the above.
E)two of the above.

Question 23

Which of the following is generally considered a method of terminating an easement?

A)license.
B)prescription.
C)profit.
D)estoppel.
E)two of the above.(b and d)

Question 24

Terry had a profit in gross to take gravel from property owned by Fallasha.Terry sold the profit to Mike, Dale and Linda, each of whom owns their own independent gravel
Company.Which of the following bests describes this situation:

A)The profit in gross is not alienable.
B)The profit in gross is alienable but not apportionable.
C)The profit in gross is alienable and apportionable.
D)The profit in question is really a profit appurtenant.

Question 25

Gretchen bought a lot 17 years ago and built a home with a solar heating system to heat her swimming pool.In the 18th year of her ownership, however, Jim begins to build a three-story apartment building that will block most of the sun necessary for the system to function properly.Gretchen now argues she has an easement by prescription, since she lives in a state in which an easement in general can be acquired in 15 years.Under the law of most states:

A)Jim can finish his building.
B)Gretchen could successfully argue that she has an easement by prescription.
C)Gretchen could not prove she owns an easement by prescription, but could very likely prove an easement by necessity.
D)Jim would be estopped from building since Gretchen relied to her detriment on her neighbor's goodwill in allowing her access to the sunlight.