Creating Easements

Question 1

How are easements commonly created?

Answer 1

Express grant
Reservation in a grant deed
Written agreement between owners of adjoining land

Question 2

True or False

An easement should always be recorded.

Answer 2

True

To assure its continued existence

Question 3

Who records the easement?

Answer 3

The party benefitting from the easement as the dominant tenement

Question 4

Define express grant

Answer 4

The servient tenement (giver of the easement), grants the easement by deed or express agreement.

Question 5

Define Express Reservation

Answer 5

The seller of a parcel who owns adjoining land reserves an easement or right-of-way over the former property. This is created at the time of the sale with a deed or express agreement.

Question 6

What is Implied Grant or Reservation?

Answer 6

The existence of an easement is obvious and necessary at the time a property is conveyed, even though no mention is made of it in the deed.

Question 7

What is an easement by necessity?

Answer 7

Created when a parcel is completely land locked and has no access. It is automatically terminated when another way to enter and leave the property becomes available.

Question 8

Define prescription

Answer 8

The process of acquiring an interest, not ownership, in a certain property.

Question 9

How is an easement by prescription created?

Answer 9

By continuous and uninterrupted use, by a single party, for a period of 5 years.

The use must be against the owner’s wishes and be open and notorious.

No confrontation with the owner is required and property taxes do not have to be paid.

The party wishing to obtain the prescriptive easement must have some reasonable claim to the use of the property.

Question 10

Compare the acquisition of property rights through prescription and through adverse possession.

Answer 10

They are similar however, the main difference is the payment of taxes.
Adverse possession requires the payment of taxes for 5 continuous years, while prescription does not.
One can acquire title to property through adverse possession, but only a specified interest in property through prescription.

Question 11

Name 5 ways easements are created.

Answer 11

Express Grant
Express Reservation
Implied Grant or Reservation
Necessity
Prescription

Question 12

Any species of permanent property, as lands, houses, rents, an office, or franchise, that may be held of another

Answer 12

Tenement

Question 13

A comprehensive legal term for any type of property of a permanent nature - including land, houses, and other buildings as well as rights attaching thereto, such as rents.

Answer 13

Legal definition of tenement

Question 14

The property (i.e. Tenement) or piece of land that benefits from, or has the advantage of, an easement

Answer 14

Dominant Tenement

Question 15

An easement created for and beneficial to the owner of adjoining or attached lands is an:

Answer 15

Easement appurtenant

Question 16

True or False:

An easement is real property, not personal property, but it is not an estate.

Answer 16

True

Question 17

The land that obtains the benefits of an easement is called the:

Answer 17

Dominant Tenement

Question 18

The land that gives the easement (use of the land) for the benefit of another is called the :

Answer 18

Servient tenement

Question 19

True or False:

The appurtenant easement belongs to the land and is transferred with the land. This easement cannot be transferred separately from the land.

Answer 19

True

Question 20

Created by grant or agreement for a specific purpose, an ________ is the right, privilege, or interest which one party has in land of another

Answer 20

EASEMENT

Question 21

True or False:

The owner of the servient tenement cannot revoke the easement; it must serve the dominant tenement, even if not used.

Answer 21

True

Question 22

True or False:

Easements in gross do not benefit adjoining lands.

Answer 22

True

Question 23

True or False:

An easement in gross is a personal property right. Even though it is a personal right, there are still servient tenements.

Answer 23

True

Example: a utility company obtaining the right to run natural gas lines across your land. In this case, your land would become the servient tenement.

Question 24

Easements are created in 3 basic ways:

Answer 24

1. Express Grant (in writing)
2. Implication of Law (implied easement)
3. Long use (prescription)

Question 25

True or False:

Easements are transferred automatically if they are easements appurtenant.

Answer 25

True

Question 26

True or false:

Easements in gross can be transferred only by express agreement, providing the easement is not made to a specific individual.

Answer 26

True

Question 27

True or false:

An easement should be recorded.

Answer 27

True.

If it is not recorded, and the purchaser does not have the knowledge of an easement , the. The easement may not be considered to have been transferred with the property.

Question 28

Easements may be terminated in several ways:

Answer 28

1. Express release
2. Merger or dominant and servient tenements
3. Excessive use
4. Abandonment and non-use
5. Destruction of servient tenement

Question 29

True or False:

Easements are not liens, they are encumbrances.

Answer 29

True

Question 30

Easements are usually created by deed or prescription. True or false.

Answer 30

True

Question 31

An easement obtained by open, notorious and hostile use is referred to as a ______________ easement.

Answer 31

Prescription easement

Possession for 5 continuous years can create a prescriptive easement as long as there is :

Open and notorious use
Uninterrupted use for 5 years
Hostile (used without permission of the owner)
Under a claim of right.

Question 32

There are 3 types of private building restrictions:

Answer 32

Covenants
Conditions
Restrictions (CC&Rs)

Question 33

The restriction on the use of private property by the local government agency is referred to as:

Answer 33

Zoning

Question 34

Promises to do or not to do something, the failure of which may terminate the contract is referred to as :

Answer 34

Conditions

The penalty for not following the set conditions is the reversion of the property to the grantor.

Question 35

A promise to do or not to do a certain thing (in reference to private restrictions):

Answer 35

Covenants

Promise broke, sue for damages

Question 36

The wrongful, unauthorized placement of improvements or permanent fixtures on property by a nonowner of that property is referred to as :

Answer 36

Encroachment

Question 37

True or false:

You must pursue the right to have an encroachment removed within 3 years or lose your right.

Answer 37

True

Question 38

True or False

Unlike an easement, a license can be revoked.

Answer 38

True

Question 39

The revocable permission to enter a licensor’s land to do something that would other wise be illegal, such as hunting game is called a:

Answer 39

License

Question 40

True or False

A Homestead is not an encumbrance.

Answer 40

True

Question 41

Name the two types of homesteads:

Answer 41

1. Head of household

2. Federal Homestead Act of 1862

Question 42

A special provision of the CA law that allows homeowners to protect their homes from forced sale to satisfy their debts, within certain limits.

Answer 42

Homestead

Question 43

True or False.

You may only have one Homestead at a time.

Answer 43

True

Question 44

After acknowledgement and recording, protects a residence from judgements that become liens

Answer 44

Declaration of Homestead

Question 45

A Homestead is terminated by:

Answer 45

1. Declaration of abandonment

2. The sale of the homesteaded property