Exam (elaborations)
REE 3433 CH 4 & 5
Exam of 2 pages for the course TAX 4001 at TAX 4001 (REE 3433 CH 4 & 5)
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REE 3433 CH 4 & 5A 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
A profit appurtenant may be sold to two or more parties if the sale does not increase the
burden on the servient estate - ANS-True
An implied easement can be created by - ANS-ALL OF THE ABOVE
1) prior use 2) necessity 3) reference to a plat
Both the implied easement from prior use and the implied easement of necessity
generally require original common ownership in one person. - ANS-True
Common law means that it is the law that is decided by the state or federal legislatures -
ANS-False
Frankie lives on lake Watitoh. His buddy is a fly fisherman and Frankie allows Willie to
fly fish from his dock every July. Willie's interest would be considered a: - ANS-Profit
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. - ANS-True
In order to establish an easement by estoppels, the use of the easement must be
hostile and open. - 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
Neither an easement appurtenant nor an easement in gross can ever be transferred
separately from the dominant estate - ANS-False
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
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