Easements, Restrictions, and Adverse Possession Flashcards
An easement appurtenant:
I. Is the usual type of easement granted to utility companies to permit them to run electric lines across the property.
II. Runs with the land
A) I Only
B) II Only
C) I &II
D) Neither I nor II
B) Runs with the land.
Utility easements are usually easements in gross.
Restrictions in a deed which benefit the grantor:
I. Can be removed by the grantor issuing a quitclaim deed;
II. Cannot be more strict than the current zoning use.
A) I Only
B) II Only
C) I &II
D) Neither I nor II
A) Can be removed by the grantor issuing a quitclaim deed.
A grantor who put restriction in a deed for his benefit (e.g. a building height restriction to protect the view from his adjoining lot) can remove it with a quit claim deed. Courts will enforce the stricter between a restrictive covenant and zoning restriction.
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) Prescription
An easement is terminated:
I. When the dominant and servient tenements merge;
II. When the particular purpose for which the easement was created ceases.
A) I Only
B) II Only
C) I &II
D) Neither I nor II
C) Both I&II
When the dominant and servient tenements merge; and/or when the particular purpose for which easement was created ceases.
When an easement appurtenant exists between two parcels of land which are separately owned:
A) The dominant tenement has use of this easement only for ingress and egress
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 dominant tenement is benefited by the easement
Which of the following creates deed restrictions: A) Local building inspector B) Authorized authorities C) Planning Commission D) Grantor
D) Grantor
Which of the following restriction is not governmental restriction: A) Police Power B) Covenant C) Escheat D) Eminent Domain
B) Covenant
Covenants are private
A restriction is considered to be: A) A lien B) A color of title C) An encumbrance D) An abstract
C) An encumbrance
An appropriation of land for some public use made by the owner and accepted for such use by or behalf of the public, such as streets in a plotted subdivision, is called: A) Easement B) Dedication C) Public Grant D) Condemnation
B) Dedication
Appropriation
process by which previously unowned natural resources, particularly land become the property of a person or group
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 your land, this would be a basic example of: A) An easement B) An encroachment C) Appurtenance D) Adverse Possession
B) Encroachment
Which is/are correct of restrictive covenants?
I. They may not be at variance with zoning ordinances
II. They are deed provisions, which restrict the uses of property
A) I Only
B) II Only
C) I &II
D) Neither I nor II
B) II Only - They are deed provisions, which restrict uses of property
To the holder of the dominant tenement, an easement is:
I. An encumbrance
II. An appurtenance
A) I Only
B) II Only
C) I &II
D) Neither I nor II
B) Appurtenance
It’s a benefit that runs with the land
"Quieting Title" most nearly means: A) to obtain title by adverse possession B) To color a title C) to mortgage the property D) To settle a cloud on the title by court action
D) To settle a cloud on the title by court action
To establish a claim to title of a parcel of realty by adverse possession, a claimant must hold the parcel:
A) Either exclusively or in common with others provided he can account for substantial enclosure and improvement or annual cultivation
B) Uninterrupted for the statutory period with or without owner’s consent
C) under any circumstance provided a claim or color of title is filed
D) Under conditions hostile to owner.
D) Under conditions hostile to owner
Needs to be hostile; if with the owner’s consent then claimant would be a licensee.
The difference between police power (planning, zoning, and similar activities) and eminent domain can best be determined by:
A) Whether or not the action was by sovereign power or by statue
B) Whether or not any compensation was paid to the owner
C) Whether or not the owner’s use was affected
D) Whether or not the improvements are to be razed
B) Whether or not any compensation as paid to the owner
Where property is taken or destroyed by government in an emergency under police power (or regulate by zoning) there is no just compensation.
All but one of the following elements is required for adverse possession. The possession must be: A) Hostile B) Notorious C) Under claim of right D) Held by tacking
D) Held by tacking
Could be one claimant for 20 years
The right of eminent domain refers to:
A) The right of every American citizen to own property
B) An institution to condemn property pending an improvement that is for the good of the community
C) An institution or individual to acquire land by grand from the government
D) The government right to acquire or authorize other to acquire title to property for public use with just compensation
D) The government right to acquire or authorize other to acquire title or property for public use with just compensation
Compensation usually follow a court action relating to which of the following: A) Trustee's Sale B) Police Power C) Eminent Domain D) Quiet Title
C) Eminent Domain
The word “hostile” as applied to adverse possession means:
A) the tenant hates the landlord
B) the possessor claims ownership without permission
C) the possessor will defend land by force if necessary
D) the possessor has fenced off the land
B) the possessor claims ownership without permission
What term most closely related to the rights of native Hawaiians to access undeveloped privately owned shoreline lands? A) MASH B) PASH C) Kuleana D) Kapu
B) PASH
A 30 year old lava rock wall that extends into your neighbors yard is considered to be a(n):
A) Illegal encroachment
B) Zoning violation
C) Adverse possession claim
D Permitted de minimus structure position discrepancy
A) Illegal encroachment
Which statement most accurately describes the minimum allowable tolerance for the specific type of property?
A) 9 inches for agricultural and rural property
B) 6 inches for commercial property
C) 3 inches for residential property
D) 5 inches for multi-unit residential
A) 9 inches for agricultural and rural
