Deck 4: Nonpossessory Interests in Real Estate

Question 1

A solar easement is an example of an affirmative easement.

Answer 1

False

Question 2

A public utility easement is an easement appurtenant.

Answer 2

False

Question 3

The dominant estate is the one holding the easement.

Answer 3

True

Question 4

An implied easement requires proof that a quasi easement existed prior to division of the tract.

Question 5

For purposes of an implied easement, apparent use means visible use.

Question 6

An easement created by prescription does not pass with title to the land.

Question 7

An easement by prescription can arise only if the property owner is aware of the prescriptive use.

Question 8

An oral easement is a license.

Question 9

An easement by prescription is really just a license.

Question 10

An implied easement does not pass with title to the land.

Question 11

Profits are easements with a right of removal.

Question 12

An easement can be expanded through prescriptive use.

Question 13

An easement by necessity terminates when the necessity terminates.

Question 14

In an express easement by reservation, the original land owner retains that portion of the property through which the easement passes.

Question 15

The servient estate is the owner of the easement.

Question 16

Previous use during unity of tract ownership is a requirement for an easement by implication.

Question 17

The scope of an express easement cannot be expanded.

Question 18

An accessway is an affirmative appurtenant easement.

Question 19

An appurtenant easement can exist only between adjoining landowners.

Question 20

A conservation easement is a negative easement.

Question 21

A license must be in writing to be valid.

Question 22

An easement by express reservation preserves a right for the grantor.

Question 23

An easement by express grant gives the grantee a right.

Question 24

Public utility easements are not transferable with the land.

Question 25

The dominant estate is the property with the easement on it.

Question 26

An easement that prevents the change or destruction of historic buildings is a negative easement.

Question 27

An easement that prevents interference with solar panels is a negative easement.

Question 28

In the case of a solar easement, the property with the protections is the servient estate.

Question 29

Easements have been used to preserve farmland.

Question 30

A utility easement ends once the servient estate is transferred.

Question 31

A sewer system cannot arise into an easement by necessity because it is not apparent.

Question 32

An easement by necessity lasts only as long as the necessity exists.

Question 33

A group of people could acquire a prescriptive easement even though not one of them is there consistently.

Question 34

If tree roots from the tree located on the landowner's land interfere with the pipe placed in an easement in gross, then the dominant tenement can require that the tree be removed from the landowner.

Question 35

A ticket to a sporting event is a license.

Question 36

?Jennifer grants an access easement to Cynthia across her property.

-Jennifer has granted an easement appurtenant.

Question 37

?Jennifer grants an access easement to Cynthia across her property.

-Jennifer is the dominant tenement.

Question 38

?Jennifer grants an access easement to Cynthia across her property.

-Cynthia is the servient tenement.

Question 39

?Jennifer grants an access easement to Cynthia across her property.

-Jennifer has created an easement by necessity.

Question 40

?Jennifer grants an access easement to Cynthia across her property.

-Jennifer could have accomplished the same purpose and given the same rights through a license.

Question 41

?Jennifer grants an access easement to Cynthia across her property.

-The easement lasts only as long as Cynthia needs it.

Question 42

?Jennifer grants an access easement to Cynthia across her property.

-A court will apply the rule of reason test in determining the scope of the easement.

Question 43

?Jennifer grants an access easement to Cynthia across her property.

-Jennifer is responsible for keeping the easement in repair.

Question 44

?Jennifer grants an access easement to Cynthia across her property.

-Cynthia could lose her easement through non-use.

Question 45

Creation of an easement by implied grant or reservation requires proof of:

A) Absolute necessity.
B) Unity of ownership immediately prior to the sale.
C) Prescriptive rights.

Question 46

A license:

A) Can be removed at any time only if oral.
B) Is an interest in land.
C) Is revocable at any time.

Question 47

Which party has the duty of maintenance and repair of an easement?

A)The dominant tenant
B)The servient tenant

Question 48

Which of the following is not an element required for an easement by prescription?

A) Prior unity in ownership
B) Use for the prescriptive period
C) Adverse use
D) Apparent use

Question 49

The difference between a profit and an easement is:

A) The right of removal.
B) One is a land interest and one is not.
C) One is personal property and the other is real property.
D) A profit need not be in writing.

Question 50

Tacking:

A) Is the process of removing minerals pursuant to a profit.
B) Cannot be used in easements by prescription.
C) Requires privity.

Question 51

The property through which an easement runs is:

A)The dominant estate.
B)The servient estate.

Question 52

The property which enjoys the benefit of an easement is:

A)The dominant estate.
B)The servient estate.

Question 53

X owns an easement in Y's property that permits X to operate his factory so that polluted air can travel over Y's property. X's easement is an example of:

A) A negative easement.
B) An affirmative easement.
C) A profit.
D) A license if X sells the factory.

Question 54

A solar easement is an example of:

A) A negative easement in gross.
B) A negative easement appurtenant.
C) An affirmative easement in gross.
D) An affirmative easement appurtenant.

Question 55

Which of the following is not required to establish an easement by prescription?

A) Permission
B) Open and notorious use
C) Hostile and adverse use
D) Continuous use

Question 56

Which of the following is not required to establish an easement by implication?

A) Prior use during unity of ownership
B) Absolute necessity
C) Reasonable necessity

Question 57

If the grantor needs to retain a right of way, the deed should create:

A)an express easement by reservation.
B)an express easement by grant.

Question 58

An easement:

A) Transfers with the dominant estate.
B) Ends upon transfer of the dominant estate.
C) Ends upon transfer of the servient estate.
D) Transfer with the servient estate.

Question 59

Bill and Ramona Blackhawk own a cabin in Forest Lakes, Arizona. They purchased the cabin in 1992 from Bud and Naomi Kelsoe, who had purchased the lot in 1975 and built their cabin on it in 1979. The Blackhawks used the cabin for long weekend get-aways-using the cabin about 14 times each year. On Memorial Day weekend in 1993, Ramona noticed a truck and trailer (mobile home) traveling across their lot to another lot. When Bill and Ramona confronted the driver, he responded, "Bud and Naomi have let me drive my trailer through here each Memorial Day and Labor Day since 1977." The period for adverse possession in Arizona is 10 years.

A) The driver has acquired an easement by prescription.
B) The driver has a license which can be revoked.
C) The driver has a license which passed with the land.
D) The driver has an oral easement.

Question 60

A conservation easement is an example of:

A) An affirmative easement appurtenant.
B) A easement of ingress and egress.
C) A negative easement.
D) A void equitable servitude.

Question 61

Which type of easement is a public utility easement?

A)Easement by prescription
B)It is a license, not an easement
C)Affirmative easement in gross
D)Negative easement in gross

Question 62

A neighbor who permits other neighbors to use his swimming pool:

A)Has granted an affirmative easement.
B)Has granted a license.
C)Has granted an easement in gross.
D)Has provided a way for the neighbors to acquire a prescriptive easement.

Question 63

Jacqueline Olaf owned a large tract of land from 1953 to the present. The house she resides in was on one-half of the tract and a smaller guest quarters was on the other half. The garage for the main house was located on Mrs. Olaf's property, but she needed to make a wide?swing turn to get into the garage (see diagram below). Mrs. Olaf has just sold one-half of the tract with the guest house to Chad Smith. The deed did not mention anything about garage access. Chad has just constructed a basketball court next to the garage (as shown) with the hoop and pavement preventing Mrs. Olaf from getting her car into the garage. Which of the following theories could help Mrs. Olaf gain a right of access to her garage?
Chad Smith

A) Easement by absolute necessity
B) Easement by prescription
C) Easement by implication
D) License by prescription

Question 64

Hal Divelbiss owned a corner lot located next to an elementary school. Children from the neighborhood cut across the lot diagonally as they were walking to school. The children did so with such frequency that there was a visible path across Hal's property. The children had been using the path since the school opened in 1971. On December 1, 2000, Hal placed a fence around the perimeter of the lot and the children could no longer use their well-established short cut. The school and the children:

A) Have acquired an easement by prescription.
B) Have acquired an easement by necessity.
C) Have an irrevocable license.
D) Have no rights to the path.

Question 65

Hal Divelbiss owned a corner lot located next to an elementary school. Children from the neighborhood cut across the lot diagonally as they were walking to school. The children did so with such frequency that there was a visible path across Hal's property. The children had been using the path since the school opened in 1971. On December 1, 2000, Hal placed a fence around the perimeter of the lot and the children could no longer use their well-established short cut. Hal:

A) Could be liable for injuries to the children that they experience while using the path.
B) Would not be liable to the children for any injuries because they are trespassers.
C) Would be liable only for attractive nuisances.
D) Could utilize man traps without liability because the children are trespassers.

Question 66

The Gardeners' property adjoined the Jones' property and the Gardeners planted citrus trees along what they thought was the boundary line. The trees were planted in 1980. In 2004, the Jones decided to sell their property and a survey revealed the citrus trees were on their property, not the Gardeners. The Gardeners' trees were three feet into the Jones' property. The prescriptive period in their state is 25 years.

A) The Gardeners now own the extra three feet.
B) The Jones still own the extra three feet.
C) The wall was a mistake and the Gardeners can gain no right from it.
D) Prescriptive rights are not possible when there is a mistake on the boundary lines.

Question 67

The Axlerods own a landlocked tract of land. When they bought it from the Bonhams, who owned the full tract, they did not obtain an easement.

A) The Axlerods cannot use their property.
B) The Axlerods can, at best, obtain a license.
C) The Axlerods have an easement by necessity.
D) The Axlerods have an express easement by implications.

Question 68

A business has granted a neighboring church a negative easement that prevents the blockage of sunlight from the church's stained glass windows. Which of the following statements is correct?

A) The business has both a charitable deduction and a reduced value of its property for tax purposes.
B) The business can claim either a charitable deduction or a reduced property value, but not both.
C)The transaction has no tax benefits for the church.
D)The church is entitled to the easement as part of its right to light.

Question 69

The Faulkners have purchased the property pictured below, property that was divided into the four parcels by the owner of Tract C.

A)The Faulkners have an easement by necessity through Tract A.
B) The Faulkners have an easement by implication through Tract A.
C)The Faulkners must negotiate an easement that is the least intrusive on the tracts.
D)The Faulkners will have access only if there is a state law that prohibits the sale of landlocked property.

Question 70

PDR contracts are:

A) Unconstitutional development rights assignments.
B)Enforceable promises by farmers to maintain their properties as farmland.
C)Easements granted by farmers to permit some development on their farmlands.
D)Available for developers when farmers refuse to sell their farmland.

Question 71

Painless Orthodontia is located in one corner of the second story of Beazley Department Store. Painless patients have access through an outdoor stairwell, but there is an indoor hallway on the second story, near the billing and credit department of Beazley's store. Beazley saw some benefit in having parents and patients going through the store on the way to appointments and as a way to have parents waiting for children at appointment to do some shopping. Beazley Department store's CEO wrote on its letterhead, "Beazley hereby grants Painless Orthodontia the right to use the hallway on the second floor of Beazley's building as long as the said room remains unpartioned [sic] by brick and continuous through to the roof." Beazley:

A)Has granted a profit.
B)Has granted an express easement by reservation.
C)Has granted an express easement by grant.
D)Cannot convey a portion of its building.

Question 72

Painless Orthodontia is located in one corner of the second story of Beazley Department Store. Painless patients have access through an outdoor stairwell, but there is an indoor hallway on the second story, near the billing and credit department of Beazley's store. Beazley saw some benefit in having parents and patients going through the store on the way to appointments and as a way to have parents waiting for children at appointment to do some shopping. Beazley Department store's CEO wrote on its letterhead, "Beazley hereby grants Painless Orthodontia the right to use the hallway on the second floor of Beazley's building as long as the said room remains unpartioned [sic] by brick and continuous through to the roof." If Painless Orthodontia did not record the document:

A) The document is invalid.
B) No property rights can transfer without recording.
C) Painless has no rights for the hallway.
D) The fact that the document is not recorded does not mean property rights do not exist.

Question 73

Painless Orthodontia is located in one corner of the second story of Beazley Department Store. Painless patients have access through an outdoor stairwell, but there is an indoor hallway on the second story, near the billing and credit department of Beazley's store. Beazley saw some benefit in having parents and patients going through the store on the way to appointments and as a way to have parents waiting for children at appointment to do some shopping. Beazley Department store's CEO wrote on its letterhead, "Beazley hereby grants Painless Orthodontia the right to use the hallway on the second floor of Beazley's building as long as the said room remains unpartioned [sic] by brick and continuous through to the roof." The document:

A) Is an easement appurtenant.
B) Is an easement in gross.
C) Is a prescriptive easement.
D) Cannot convey any interest.

Question 74

Angela holds an easement that prevents Bill from planting willow trees. Angela and Bill are adjoining landowners, and Angela obtained the easement because she felt the roots of willow trees would harm her in-ground swimming pool.

-What type of easement has been granted?

A)An easement in gross
B)A negative easement appurtenant
C)A quasi easement
D)An easement by prescription

Question 75

Angela holds an easement that prevents Bill from planting willow trees. Angela and Bill are adjoining landowners, and Angela obtained the easement because she felt the roots of willow trees would harm her in-ground swimming pool.

-Who is the dominant tenement?

A) Angela
B) Bill

Question 76

Angela holds an easement that prevents Bill from planting willow trees. Angela and Bill are adjoining landowners, and Angela obtained the easement because she felt the roots of willow trees would harm her in-ground swimming pool.

-Who is the servient tenement?

A) Angela
B) Bill
C) There is no servient tenement because this is an easement in gross
D) This is a license.

Question 77

?Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey.

-Which of the parties is in the original split and conveyance of the land is the dominant tenement?

A)Jack Ryan
B)Pam Jekel
C)Neither, because you cannot create an easement at the same time as the conveyance

Question 78

?Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey.

-What type of easement were they attempting to create?

A) An express easement
B) An easement by absolute necessity
C) An implied easement
D) A prescriptive right

Question 79

?Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey.

-If an easement is created by a conveyance:

A) It does pass with the title to the land.
B) It does not pass with the title to the land.
C) It passes with the land, but ends when the parties marry.
D) It passes with the grantor of the easement only.

Question 80

?Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey.

-Which tract of land would the easement and rights pass through?

A) Lot 1
B) Lot 2
C) Easements and the rights pass with both the dominant and servient tenement
D) The easement rights terminated upon the marriage.