Question 1

Which of the following events would not terminate an easement?

Accepted Answer

A)   ownership of the dominant and servient tenements 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 C

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

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

Accepted Answer

A) True 
 B)False  True

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

A)   dominant tenement
B)   servient tenement
C)   prescriptive tenement
D)   licensure

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

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

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A)   materialman's lien
B)   ad valorem tax
C)   trust deed
D)   restrictive covenant

Question 11

Zoning is considered a legislative function of a governmental authority.

Accepted Answer

A) True 
 B)False

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

Private restrictive covenants are generally enforced by:

Accepted Answer

A)   injunction
B)   suit for money damages
C)   suit for punitive damages
D)   suit for money damages or injunction

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

Generally, a license is revocable at any time.

Accepted Answer

A) True 
 B)False

Question 16

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:

Accepted Answer

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

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

Zoning does not require procedural due process.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A)   easement in gross
B)   license
C)   implied easement
D)   easement by necessity

Question 20

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

Accepted Answer

A) True 
 B)False

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.