Property II - Easements

15 Questions | Total Attempts: 691

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Questions and Answers
  • 1. 
    An express easement can be created by grant or
  • 2. 
    At common law, easements could only be reserved in favor of the grantor. Today, many courts have abandoned the traditional rule and allow grantor's to reserve easments in favor of a third party.
    • A. 

      True

    • B. 

      False

  • 3. 
    The basic categories for easements are
    • A. 

      Express easements

    • B. 

      Easements implied from prior existing use

    • C. 

      Easements by necessity

    • D. 

      Prescriptive easements

    • E. 

      Irrevocable licenses or easements by estoppel

  • 4. 
    All of the basic categories for easements must satisfy the statute of frauds.
    • A. 

      True

    • B. 

      False

  • 5. 
    The required elements for easements implied from prior existing use are
    • A. 

      Severance of title to land held in common ownership

    • B. 

      An existing, apparent and continuous use when severance occurs

    • C. 

      Reasonable necessity for the use at time of severance

    • D. 

      Satisfaction of the statute of frauds

  • 6. 
    Easements implied from prior existing use terminate when the reasonable necessity for the use ceases to exist
    • A. 

      True

    • B. 

      False

  • 7. 
    To acquire an easement by prescription, it is necessary that the owner have actual knowledge of the use.
    • A. 

      True

    • B. 

      False

  • 8. 
    Easements may be created through eminent domain.
    • A. 

      True

    • B. 

      False

  • 9. 
    When the dominant land is subdivided, every lot owner in the subdivision is entitled to use any easement appurtenant to the dominant land. But this rule is limited by the principle that the easement cannot be expanded so far that it
  • 10. 
    Courts are reluctant to permit expansion of a prescriptive easement because it has little connection to party intent. The presumption that the parties intended the easement to expand to meet future needs is unavailable.
    • A. 

      True

    • B. 

      False

  • 11. 
    Which one of the following is not one of the traditionally recognized categories for negative easements
    • A. 

      Blocking windows

    • B. 

      Building commercial structures

    • C. 

      Removing support

  • 12. 
    An informal permission that allows one to use the land of another for a narrow purpose. It is viewed as a personal privilege and is usually temporary in nature. It can be created orally.
  • 13. 
    The right to enter the land of another and remove timber, minerals, oil, gas, gravel, game, fish, or other physical substances.
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