Chapter 23: Easements, Part II Flashcards
Which of the following elements of adverse possession is NOT an element of an easement by prescription?
A
Correct Answer: Exclusive
B
Continuous for a statutory period of time
C
You Selected: Hostile
D
Open and notorious
A
Correct Answer: Exclusive
Which of the following is NOT a requirement for an easement by estoppel?
A
Permission by the owner to use her land
B
Withdrawal of permission by the owner to use her land
C
Good faith, reasonable reliance on permission to use
D
You Selected: Continuous use for a statutory period of time
D
You Selected: Continuous use for a statutory period of time
Which of the following statements regarding the scope of an easement is FALSE?
A
The scope of an express easement is determined by the terms of the easement.
B
You Selected: A change in the use of an express easement is not permitted.
C
If the terms of an express easement are ambiguous, the court looks to the intent of the original parties as to the purpose of the easement.
D
The scope of an implied easement can be determined by the nature of the prior use necessity.
B
You Selected: A change in the use of an express easement is not permitted.
Which of the following statements regarding termination of easements is FALSE?
A
A written statement by the holder of the easement to the effect that he is releasing the easement is sufficient to terminate the easement.
B
Correct Answer: An easement may be terminated by non-use coupled with detrimental reliance by the holder.
C
An easement is terminated if the owner of the easement acquired fee title to the underlying estate.
D
You Selected: An easement by prescription can be terminated if the easement holder fails to protect his easement against a trespasser for a statutory length of time.
B
Correct Answer: An easement may be terminated by non-use coupled with detrimental reliance by the holder.
FILL IN THE BLANK. A revocable permission to use another’s land is a/n _________.
A
easement
B
You Selected: license
C
profit
D
covenant
B
You Selected: license
FILL IN THE BLANK. The right to enter another’s land and remove a specific natural resource is a/n _________.
A
easement
B
license
C
You Selected: profit
D
covenant
C
You Selected: profit
