Exam (elaborations)
REE 3433 CH 4 & 5 (1)
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REE 3433 CH 4 & 5 (1)
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REE 3433 CH 4 & 5If the servient estate is destroyed through no fault of the servient owner, the easement
is terminated even though the servient estate is later rebuilt. - ANS-True
In order to establish an easement by estoppels, the use of the easement must be
hostile and open. - ANS-False
Both the implied easement from prior use and the implied easement of necessity
generally require original common ownership in one person. - ANS-True
Shelly and Lisa own adjoining parcels of land. Shelly allowed Lisa to install a pipe
across her property for the purpose of pumping spring water onto Lisa's property, but
not for commercial purposes. Lisa's use of Shelly's property is: - ANS-an easement
appurtenant.
Once a prescriptive right has been established, some small variations in use are
allowed so long as they don't significantly increase the burden on the servient estate. -
ANS-True
A license is like an easement in gross in that both most often represent personal,
irrevocable, non-assignable permission to do one or more acts on another person's land
- ANS-False
Jerry owns 500 acres of timberland. He grants a non exclusive easement in gross to
Kramer. Kramer later apportions the easement by selling one-half interests to Elaine
and George, both of whom are commercial loggers. Under these facts: - ANS-Jerry
could intervene and disallow the apportionment since only exclusive easements in gross
can be apportioned
Whenever possible, most courts construe an easement as an easement in gross rather
than an easement appurtenant. - ANS-False
Shelly and Lisa own adjoining parcels of land. Shelly allowed Lisa to install a pipe
across her property for the purpose of pumping spring water onto Lisa's property, but
not for commercial purposes. Lisa's use of Shelly's property is: - ANS-an easement
appurtenant
An implied easement can be created by - ANS-ALL OF THE ABOVE
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