Deck 4: Encumbrances Easements and Licenses

Question 1

Local governments do not have the right to take private property for public use.

Answer 1

False

Question 2

Zoning is considered constitutional as long as the zoning regulation bears some reasonable relationship to the public welfare.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

An easement that does not benefit a particular parcel of land is known as an easement in gross.

Question 6

The exercise of the power of eminent domain requires procedural due process.

Question 7

A trust deed is a public encumbrance.

Question 8

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

Question 9

Building codes are generally thought of as private encumbrances.

Question 10

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

Question 11

Zoning does not require procedural due process.

Question 12

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

Question 13

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

Question 14

An owner's property may be sold to governmental authorities for failure to pay real estate taxes.

Question 15

Zoning is considered a legislative function of a governmental authority.

Question 16

Public real property is not subject to mechanic's and materialmen's liens.

Question 17

An easement that does not benefit a particular parcel of land is known as an appurtenant easement.

Question 18

An easement that is created for the benefit of a particular tract of land is called an appurtenant easement.

Question 19

An easement that is created for the benefit of a particular tract of land is called an easement in gross.

Question 20

An owner may be responsible for hazardous waste cleanup, even if the owner was not the creator of the hazardous waste.

Question 21

Property benefited by an easement is known as the dominant tenement.

Question 22

Protection of wetlands is an important environmental concern.

Question 23

A Phase I environmental examination involves drilling wells and analyzing water samples.

Question 24

An easement may be lost by the merger of the dominant and the servient tenement.

Question 25

An easement can be terminated by the express agreement of the parties.

Question 26

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

Question 27

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

Question 28

An easement created by use of property without the permission of the owner is known as an implied easement.

Question 29

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

Question 30

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

Question 31

Appurtenant easements are not transferable.

Question 32

A Phase II environmental examination involves drilling wells and analyzing water and soil samples.

Question 33

A license must always be written but it is not required to be notarized.

Question 34

A prescriptive easement, once created, is perpetual.

Question 35

An easement created by use of property without the permission of the owner is known as a prescriptive easement.

Question 36

A prescriptive easement, once created, can never be terminated.

Question 37

Generally, a license is revocable at any time.

Question 38

An implied easement must be witnessed and notarized.

Question 39

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

Question 40

The grantee of an appurtenant easement is the owner of the real property over which the easement is located.

Question 41

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

Question 42

Which of the following is not considered a legislative function of government?

A) zoning
B) eminent domain
C) taxation
D) building codes

Question 43

​ A property owner whose property is taken by the exercise of the power of eminent domain is entitled to be paid:

A) the original cost of the property
B) the cost of the improvements made on the property
C) the fair market value of the property
D) none of the above

Question 44

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) implied easement
C) a license
D) easement by necessity

Question 45

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

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

Question 46

Implied easements are generally:

A) appurtenant easements
B) written easements
C) easements in gross
D) another name for a license

Question 47

Which of the following is not a public use that supports the exercise of the power of eminent domain? A) public street
B) park
C) airport
D) forest reserve
E) none of the above
F) all of the above

Question 48

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) if described in the deed, is transferred to "X"
C) is automatically transferred to "X"
D) none of the above

Question 49

Which of the following people are generally entitled to file a mechanic's or materialman's lien?

A) subcontractors
B) laborers
C) material suppliers
D) land surveyors
E) all of the above

Question 50

Which of the following is generally thought not to be a public encumbrance?

A) building codes
B) environmental protection laws
C) judgment lien
D) zoning

Question 51

Which of the following are required to obtain a prescriptive easement? A) use be open
B) use be notorious
C) use be visible
D) use be adverse
E) all of the above
F) (a), (c), and (d) above

Question 52

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

Question 53

Which of the following is not responsible for the cleanup costs of hazardous waste?

A) innocent owners
B) former owners
C) lenders who foreclose and become owners
D) all of the above
E) none of the above

Question 54

The amount of real estate taxes are generally based on:

A) the value of the property
B) the original purchase price of the property
C) the use of the property
D) the depreciated value of the property

Question 55

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:

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 56

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) appurtenant easement
B) license
C) easement in gross
D) easement by necessity

Question 57

Private restrictive covenants are generally enforced by:

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

Question 58

The use of real property that is changed or prohibited by a subsequent zoning regulation is known as:

A) an easement
B) a nonconforming use
C) an injunction
D) an ad valorem

Question 59

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

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

Question 60

The disclosure of lead-based paint is regulated by the federal government.

Question 61

Which of the following events would not terminate an easement?

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

Question 62

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

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