Question 1

In some instances, an easement can be both negative and affirmative at the same time.

Accepted Answer

False

Question 2

A person who alleges that he owns an implied easement from prior use must show that his use of the land is strictly necessary.

Accepted Answer

A person who alleges an implied easement from prior use must show that his use of the land is reasonably necessary, not strictly necessary.

Question 3

An easement in gross is always personal to the owner of it.

Accepted Answer

True

Question 4

Neither an easement appurtenant nor an easement in gross can ever be transferred separately from the dominant estate.

Accepted Answer

While an easement appurtenant is necessarily tied to the dominant estate (the property that benefits from the easement), an easement in gross can be transferred separately from any property ownership.

Question 5

Bev owns 500 acres of timberland.She grants a nonexclusive easement in gross to Kelly.Kelly later apportions the easement by selling one-half interests to Bill and Gus, both of whom are commercial loggers.Under these facts:

Accepted Answer

The answer of Bev owns 500 acres of timberland.She grants...

Question 6

The owner of a negative easement has the right to use the land that is subject to the easement.

Accepted Answer

The owner of a negative easement only has the right to restrict certain uses of the land, but they do not have the right to use the land themselves.

Question 7

In most states, a person who has received an unobstructed flow of air and light onto his land for a long period of time gains, by operation of law, a negative easement that can be used to prevent an adjacent landowner from building anything that obstructs the flow.

Accepted Answer

The concept described is more akin to the doctrine of ancient lights, which is not widely recognized in most states in the United States. Instead, easements, including negative easements, are typically established through express agreements or other specific legal mechanisms rather than merely by the long-term receipt of air and light.

Question 8

Both the implied easement from prior use and the implied easement of necessity require original common ownership in one person.

Accepted Answer

Both types of implied easements require original common ownership in one person as a prerequisite.

Question 9

An exclusive easement in gross can be apportioned to others by the owner of the servient estate.

Accepted Answer

An exclusive easement in gross involves a single individual or entity having the exclusive right to use the servient estate for a specific purpose. The owner of the servient estate can still grant additional easements to others, as long as it does not interfere with the exclusive rights granted to the holder of the exclusive easement in gross.

Question 10

Under the law of adverse possession, it is possible to acquire title to another's land without paying for it.

Accepted Answer

Adverse possession allows someone to claim legal ownership of someone else's property if they have occupied it continuously and openly for a certain period of time, which varies by jurisdiction. If the true owner fails to take legal action to reclaim the property during this time, the adverse possessor may be able to claim title to the property without paying for it.

Question 11

Easements may be terminated by any of the following, except:

Accepted Answer

Easements cannot be terminated by illegality of purpose, as this is not a recognized method for terminating an easement. The other options are valid ways to terminate an easement.

Question 12

If the servient estate is destroyed through no fault of the servient owner the easement is terminated even though the servient estate is later rebuilt.

Accepted Answer

This is known as the doctrine of "unity of title and possession". If the servient estate no longer exists, the easement cannot continue to exist because the dominant estate no longer benefits from it. Even if the servient estate is later rebuilt, the easement does not revive because the unity of title and possession has been broken.

Question 13

Dawn used a path on Drew's property for jogging for over twenty years.Drew never gave her his permission.Because the path was usually muddy after the slightest rainfall, Dawn, at her own expense and without consent or objection from Drew, had the path paved.Dawn likely has:

Accepted Answer

Dawn likely has an easement by prescription, which is acquired through open and continuous use of another's property for a certain period of time without the owner's permission. The fact that she used the path for over twenty years and paved it at her own expense without objection from Drew supports this claim.

Question 14

An implied easement can be created by:

Accepted Answer

An implied easement can be created by prior use, necessity, or reference to a plat. Prior use refers to a situation where an easement is created through the historical usage of a property. Necessity means that the easement is deemed necessary for the reasonable use of another property. Lastly, reference to a plat is used in situations where a developer creates a subdivision with a plat map that shows easements for utilities, access, or other purposes. Therefore, all of the above options are valid ways in which an implied easement can be created.

Question 15

In order to establish an easement by estoppel the use of the easement must be hostile and open.

Accepted Answer

In order to establish an easement by estoppel, the use of the easement must be permissive, not hostile. It must also be open and continuous, and the owner of the property must have reasonably relied on this use to their detriment.

Question 16

A license is like an easement in gross in that both represent personal, revocable, non-assignable permission to do one or more acts on another person's land.

Accepted Answer

A license is not revocable, whereas an easement in gross is revocable.

Question 17

Wayne and Mitch own adjoining parcels of land.Wayne to Mitch the right to install pipe across his property for the purpose of pumping spring water onto Mitch's property.Mitch's use of Wayne's property is:

Accepted Answer

The right to install the pipe across Wayne's property is related to the use and enjoyment of Mitch's property, making it an easement appurtenant.

Question 18

A profit appurtenant may be sold to two or more parties if the sale does not increase the burden on the servient estate.

Accepted Answer

A profit appurtenant is a property right that allows one person to use the land of another person for a specific purpose. This right is tied to the land of the dominant estate and cannot be separated from it. Therefore, a profit appurtenant may be sold to two or more parties as long as the burden on the servient estate remains the same. If the sale increases the burden on the servient estate, it would be considered a violation of the easement and would not be allowed.

Question 19

Once a prescriptive right has been established, some variations in use are allowed if they are close to the original use.

Accepted Answer

This is known as the "doctrine of lost modern grant" and it allows for some variations in use as long as they are consistent with the original use.

Question 20

Whenever possible, most courts attempt to construe an easement as an easement in gross rather than an easement appurtenant.

Accepted Answer

This statement is incorrect. Most courts actually prefer to construe an easement as an easement appurtenant, as it tends to promote the most beneficial use of the land and avoids the possibility of the easement holder selling off or transferring the easement separately from the land it benefits.

Quiz 4: Rights in Land of Others