Chapter 22: Easement

Question 1

Which of the following statements regarding the classification of easements is FALSE?

a. The property burdened by an easement is the servient estate.

B
A negative easement must be an express easement.

C
You Selected: An easement appurtenant benefits a particular person, as opposed to the land.

D
An easement in gross benefits a particular person, as opposed to the land.

Answer 1

C
You Selected: An easement appurtenant benefits a particular person, as opposed to the land.

Question 2

Which of the following statements regarding express easements is FALSE?

A
A negative easement must be express, but an express easement need not be a negative easement.

B
An express easement may be recorded.

C
An express easement is subject to the Statute of Frauds.

D
You Selected: An easement by prescription is a type of express easement that is subject to the Statute of Frauds.

Answer 2

D
You Selected: An easement by prescription is a type of express easement that is subject to the Statute of Frauds.

Question 3

Which of the following statements regarding an easement by necessity is TRUE?

A
To be valid, the access must be more than inconvenient but not strictly landlocked.

B
To be valid, the easement by necessity must have arisen before the common owner of a dominant and servient estate severed them into two separate estates.

C
You Selected: To be valid, the necessity must arise at severance of the dominant and servient estates, whereupon one of the properties became virtually useless without an easement.

D
An easement by necessity will end when it becomes inconvenient for the owner of the servient estate.

Answer 3

C
You Selected: To be valid, the necessity must arise at severance of the dominant and servient estates, whereupon one of the properties became virtually useless without an easement.