Legal Aspects of Real Estate: Q7/Chp 15-17

Question 1

1) Limitations on an easement’s use are set by:
a. its historic use.
b. its established purpose.
c. Both a. and b.
d. None of the above.

Answer 1

c. Both a. and b.

Question 2

2) A(n) ________ is accomplished by the use of a quitclaim or grant deed in favor of the owner of the burdened property, signed by the easement user.
a. release
b. merger
c. destruction
d. foreclosure

Answer 2

a. release

Question 3

3) A ________ occurs when the same person acquires fee title to both the benefitting and burdened properties.
a. release
b. merger
c. destruction
d. foreclosure

Answer 3

b. merger

Question 4

4) An easement is terminated by ___________ if the easement holder places an excessive burden on the property encumbered by the easement.
a. abandonment
b. merger
c. forfeiture
d. prescription

Answer 4

c. forfeiture

Question 5

5) An easement is terminated by ___________ when the burdened property owner permanently interferes with the neighbor’s use of the easement.
a. forfeiture
b. merger
c. prescription
d. circumspection

Answer 5

c. prescription

Question 6

6) ___________ of an easement demonstrates a clear intent to permanently abandon all future use of the easement.
a. Nonuse
b. Frequent use
c. Improvement
d. None of the above.

Answer 6

d. None of the above.

Question 7

7) Restrictive covenants on how parcels of property may be used are contained in a document called the:
a. Bill of Rights.
b. covenants, conditions and restrictions (CC&Rs).
c. mechanic’s lien.
d. trade fixtures.

Answer 7

b. covenants, conditions and restrictions (CC&Rs).

Question 8

8) A recorded restriction limiting the use of a property to a specific purpose is classified as a(n):
a. affirmative covenant.
b. negative covenant.
c. unenforceable covenant.
d. covenant-of-will.

Answer 8

a. affirmative covenant.

Question 9

9) A restriction which ___________ is unenforceable.
a. unreasonably restricts the marketability of a property
b. prohibits ownership by a certain race
c. is not uniformly observed and enforced against all prior violators
d. All of the above.

Answer 9

d. All of the above.

Question 10

10) When a written maintenance agreement does not exist between the owners of a burdened and benefitting property, maintenance costs are:
a. paid solely by the burdened property owner.
b. paid solely by the benefitting property owner.
c. shared in proportion to each property owner’s use of the easement.
d. paid by the local government.

Answer 10

c. shared in proportion to each property owner’s use of the easement.