(Ch. 7) Eastments, Restrictions, And Rights Of Adjoining Owners Flashcards
- An easement created by adverse use is said to have been created by:
(A) express grant.
(B) implication of law.
(C) reservation.
(D) prescription.
D
An easement by prescription is created by trespass.
- When an easement appurtenant exists between two parcels of land which are separately owned:
(A) both the dominant tenement and servient tenement are benefited by the easement.
(B) the servient tenement is benefited by the easement.
(C) the dominant tenement is benefited by the easement.
(D) the servient tenement may revoke the use of easement by giving proper notice.
C
The easement is an tenance to the dominant property and an encumbrance to the servient.
- Which of the following creates deed restrictions?
(A) Local building inspector.
(B) Authorized authorities.
(C) Planning commission.
(D) Grantor.
D
Called restrictive covenants.
- Which of the following restrictions is NOT a governmental restriction?
(A) Police power.
(B) Covenant.
(C) Escheat
(D) Eminent domain.
B
Covenants are private.
- A deed restriction is considered to be:
(A) a lien
(B) a color of title.
(C) an encumbrance.
(D) an abstract.
C
A restriction is an encumbrance, but not a lien, because there is no creditor involved.
- A gift of land for some public use made by the owner and accepted for such use by or on behalf of the public, as streets in a plotted subdivision, is called:
(A) easement.
(B) dedication
(C) public grant.
(D) condemnation.
B
Generally the way a town acquires the land for streets in a subdivision.
- If, after you purchase a property, you have a survey made and find that your neighbor, through error, has built an ornamental fence two feet over on your land, this would be a basic example of
(A) an easement.
(B) an encroachment.
(C) an appurtenance.
(D) adverse possession.
B
An encroachment arises when a building intrudes upon the land of another.
- A license to use another person’s property:
(A) runs with the land.
(B) is less than an estate in land.
(C) may be assigned to another licensee.
(D) can be devised to the licensee’s heirs
B
A license is less than an estate in land because it is revocable.
- The right of a water company to lay and maintain water mains along the rear of a lot is called:
(A) an appurtenance.
(B) riparian right
(C) easement in gross
(D) a right of encroachment.
C
With an easement in gross, no dominant estate exists, only a servient estate.
- A personal right which can be used by the person granted the privilege, but which does NOT run with the land, is called a(n):
(A) profit.
(B) license.
(C) deed restriction.
(D) easement.
B
Unlike an easement, a license is revocable.
- A recorded easement may be removed from the records by:
(A) recording a quitclaim deed signed by the owner of the dominant property
(B) a marginal release
(C) a release signed by the servient owner.
(D) liberation.
A
Because the owner of the dominant proper- ty owns the easement right
- The words “ingress” and “egress” have a relationship with:
(A) streams.
(B) easements.
(C) birds.
(D) license laws.
B
Ingress is the right of entry; egress is the right of exit.
- An easement may be terminated by any of the following EXCEPT:
(A) merger of dominant and servient premises. (B) non-use for a long period of time.
(C) termination of purpose.
(D) express release.
B
Non-use will not terminate an easement.
- Which of the following techniques would be used to determine whether or not an encroachment exists?
(A) Title search.
(B) Suit to quiet title.
(C) Title insurance.
(D) Survey.
D
The surveyor would determine the intru sion of a building or part of a building from another property
