Ch 15 Quizzes Flashcards
T/F: Trespass can be the basis for a lawsuit even if no physical damage to property results.
True
Trespass is considered actionable per se, which means that the act itself is wrong and can be the basis for a lawsuit, even if no physical damage occurs.
Willful trespasses may result in criminal penalties.
True
Criminal trespass is generally a misdemeanor
A trespasser can’t be prosecuted unless the landowner posted a “no trespassing” sign
False
Signs and fences tend to discourage trespassers, but they are not required for legal protection against trespass.
A property owner may be liable to a trespasser if the trespasser is injured by conditions on the property
True
Premises liability means that if the injury resulted from the landowner’s negligence, the landowner is liable.
An unfenced swimming pool may be an attractive nuisance
True
T/F: Trespass is a violation of the landowner’s right to use and enjoyment of the property.
False
Trespass violates the landowner’s right to exclusive possession of the property.
A suit for removal or cessation of a nuisance is known as a(n) action.
abatement
The court may order the nuisance to be removed or stopped, or may allow it to continue as a permanent nuisance and require the payment of damages.
If several adverse possessors in a row occupy a property, their periods of possession may be added together to make up the required five years
Tacking
In California, an adverse possessor must occupy the property for __ years, without interruption by the true owner.
5
An easement is a nonfinancial encumbrance that allows a person to use a part of a property belonging to someone else for a specific purpose.
Easement
A(n) is one that burdens a particular property for the benefit of another property, such as the right to cross a property to reach a neighboring property.
appurtenant easement
Appurtenant easements run with the land.
The property that benefits from an easement is the dominant ___ ; it’s owner is the dominant ___
tenement
Tenant
The property that is burdened by an easement is the___ tenement; it’s owner is the ____ tenant
Servient
Servient
In an _____ There is a ___ tenement, but only a ___ tenant, without a dominant tenement
Easement in gross
servient
Dominant
To obtain a prescriptive easement, a trespasser must have used the landowner’s property continuously for ___ years, in a manner that is open and notorious and hostile to the owner’s interest.
5
The owner of a ___ tenement generally has no duty to maintain an easement across his property for the___ tenant’s benefit.
servient
Dominant
Other than prescriptive easements may be considered abandoned if there is clear intent (such as a written statement or construction of a fence) or after ___ years of non-use.
20
If a servient tenant continuously prevents an easement holder from using an easement for five years, the easement is terminated by ____.
Prescription
Unlike an easement, a license is___, not assignable, does not run with the land, and doesn’t encumber the property owner’s title.
Revocable
T/F: Landowners are liable for the discharge of water from man-made sources that causes damage to a neighbor’s property, even if the discharge was accidental.
True
Water from man-made
T/F: In California, an upper landowner is not liable for damage to downhill properties caused by natural runoff.
True
T/F: in CA, if an upper landowner diverts surface water onto a neighbor’s property, he is liable for damages, so long as the lower landowner acted reasonably in trying to avoid the harm.
True
What type of easement belongs to a person or a company, rather than to a property.
easement in gross
Adverse possession is under___ if the adverse possessor has a forged or otherwise invalid deed and believes in good faith that she is the true owner of the property.
color of title
A(n) ____ is any object or structure that extends over a property’s boundary line onto a neighbor’s land. It may be treated as either a nuisance or a trespass, depending on its nature.
encroachment
Private vs public nuisance
A public nuisance affects an entire community or neighborhood.
A private nuisance affects only one person or a few neighbors.
A(n) ___ is any activity or conduct that interferes with a neighboring owner’s use and enjoyment of her property, or with the general welfare of the community
Nuisance
T/F: Nuisances may be public or private.
True
In a lawsuit over an encroachment, a property owner must demonstrate that the encroachment caused damage.
False
The property owner needs to show only that the encroaching structure or object extends over the legal boundary line, without any legal right or the owner’s consent.
Activities that are specifically authorized by statute or ordinance won’t be considered nuisances.
True
Statutes may specifically declare an activity to be a nuisance or, alternatively, authorize an activity that might otherwise be considered a nuisance.
A particular problem will be either a nuisance or a trespass, but not both.
False
An activity will qualify as both a nuisance and a trespass if the activity interferes with the exclusive possession of the property as well as its use and enjoyment.
A fire hazard is a nuisance per se.
True
Fire hazards are among a group of activities declared by law to be nuisances. Per se nuisances are actionable even without any evidence of injury or harm.
If abatement is too expensive, a court may declare a problem a permanent nuisance.
A permanent nuisance may be allowed to continue if abatement would be unreasonably expensive or cause unreasonable hardship. The party responsible for the nuisance will be required to pay damages.
An adverse possessor may file a ___ in order to formally secure title to the property she has been occupying for a long time.
quiet title action
Why have the courts accepted adverse possession?
They want to encourage productive use of property
The five requirements an adverse possession in CA must be able to prove in court:
Possession of the property under:
1) claim of right or 2) color of title
And possession which is
3) actual 4) open & 5) notorious
The 5 Requirements and adverse possession must prove in court include Possession that is exclusive and hostile to the owner and uninterrupted for __ years
5
The adverse possessor must have paid all property taxes during those __ years
5
Claim of right vs color of title
- Claim of right: Possesso doesn’t necessarily believe she owns the land
- Color of title: Sister has a good faith reason to believe she owns the land, even though she doesn’t
A person with _______________ has a good faith belief that he owns the land, even though he doesn’t.
Color of title
Sharing possession of the property with its true owner would mean that possession was not _______________.
Exclusive and hostile
The _______________ possession requirement is intended to give constructive notice to the true owner that someone is occupying the property.
Open and notorious
The principle of _______________ allows consecutive periods of adverse possession by different people to be added together.
Tacking
Someone claiming adverse possession under _______________ would receive only the part of the property she actually used, not the entire property.
Claim of right
T/F: An implied easement can be created by recording a plat map
False
A plat map creates an express easement for purchasers in the subdivision to use the roads and common areas shown on the map.
T/F: an easement by prescription must be open and notorious, and hostile to the true owner.
True
Note: Several of the requirements for an easement by prescription are quite similar to adverse possession.
T/F: The general public may gain an easement by implied dedication.
True
If members of the public steadily use a property, this may lead to a prescriptive easement by implied dedication.
T/F: A landlocked parcel may receive an easement by necessity.
True
An easement by necessity is created when it is essential for the use and enjoyment of the property, such as access to a public road.
T/F: Individuals may acquire an easement over government property by dedication.
False
Government property is not subject to prescriptive easements or adverse possession.
T/F: Express easements may be created by grant or reservation
True
Whether an easement is an express grant or express reservation depends on whether the easement benefits the property being retained or the property being transferred.
A written agreement to terminate an easement is called a release.
True
A release is a written document in which the parties mutually agree to terminate an easement. A release should be recorded.
When the owner of the dominant property also becomes the owner of the servient property, the easement is terminated by merger
True
Termination of the easement by merger occurs when the need for the easement no longer exists.
T/F: If an easement is created by necessity, legal steps must be taken to terminate the easement when the necessity ends.
False
If an easement is created by necessity, the easement automatically terminates once the necessity disappears.
Non-use of an easement is generally not sufficient to demonstrate that the easement has been abandoned.
True
Except for prescriptive easements, a typical easement is not considered abandoned unless there is a clear, direct expression of intent to abandon the easement. (However, extremely long abandonment, 20 years or more, may indicate intent to abandon.)
T/F: Like an easement, a license creates an interest in another’s property.
False
Like an easement, a license grants permission to enter another’s property for a specific purpose, but it does not create an interest in the premises.
A servient tenant is required to take care of any easement maintenance or repair.
FAlse
As a general rule, the servient tenant has no duty to maintain or repair an easement.
Maintenance agreements for a shared road run with the land.
Maintenance agreements apply only to the current owners, although the easement would still exist after a transfer of ownership.
Most easements do not have a termination date
True
Although the deed creating an easement can provide for a termination date, most easements are indefinite in duration.
