Deck 5: Easements and Licenses

Question 1

A prescriptive easement, once created, is perpetual.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

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

Answer 3

False

Question 4

Appurtenant easements are not transferable.

Question 5

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

Question 6

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

Question 7

Land on which an easement is located is known as the dominant tenement.

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

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

Question 14

An implied easement must be witnessed and notarized.

Question 15

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

Question 16

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

Question 17

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

Question 18

Appurtenant easements are transferable.

Question 19

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

Question 20

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

Question 21

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

Question 22

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

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

Question 23

A person buys a subdivision lot. The subdivision plat shows a number of streets in the subdivision. What kind of easement does the lot owner have to use these streets?

Question 24

Acme Sign Company wants the right to erect a billboard sign on Farmer Jeff's property. Farmer Jeff and Acme agree that Acme can obtain a license to erect and use a billboard sign on Farmer Jeff's property for $10,000. They enter into a written license agreement and Acme pays Jeff $10,000. A year later Farmer Jeff decides he hates the sign and tells Acme that the license is terminated and the sign must be removed. Does Jeff have the legal right to do this? Explain your answer.

Question 25

An easement can be terminated by abandonment of use.

Question 26

Implied easements are generally:

A) appurtenant easements.
B) written easements.
C) easements in gross.
D) licenses.

Question 27

Clark owns a parcel of land that adjoins a public highway. Kaylee owns a parcel of land behind Clark's. Although Kaylee's land has access to another public street, Kaylee would like to build a driveway over Clark's land to the highway. Clark is agreeable to granting Kaylee an easement for the driveway. What kind of easement would Kaylee have? Whose property would be referred to as the dominant tenement? Whose property would be referred to as the servient tenement?

Question 28

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

Question 29

Which of the following events would not terminate an easement?

A) Ownership of the dominant and servient tenement 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 30

A license must always be written and notarized.

Question 31

A farm owner who gives a person permission to fish in his lake gives the person a(n):

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

Question 32

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 33

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(n):

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

Question 34

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

Question 35

A foreclosure of a mortgage, which is recorded before the express grant of an easement on easement property, has the following effect upon 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 36

Which of the following use(s) is/are required to obtain a prescriptive easement?

A) Use is open
B) Use is notorious
C) Use is visible
D) Use is adverse E.
E) All of the above
F) (A), (C), and (D) above

Question 37

Generally, a license is revocable at any time.

Question 38

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