PRINCIPLES AND PRACTICES CHP4 Flashcards
The gas company has an easement in gross to access its gas lines on the
A. dominant tenant.
B. dominant tenement.
C. servient tenant.
D. servient tenement.
D. servient tenement.
Lou has lived in a house on the lot behind Tilly’s property for five years, driving across Tilly’s vacant front property to get to the road without an easement. When Tilly finally decides to build, she puts a fence all around her property, blocking Lou from the road. Unless Lou can access the road from some other direction, he may need to get an easement
A. by necessity.
B. by express reservation.
C. by prescription.
D. in gross.
A. by necessity.
A property owner agrees to allow a neighbor to hunt on their property during the current hunting season. This agreement is a(n)
A. encroachment.
B. encumbrance.
C. license.
D. public easement.
C. license.
A property owner has an appurtenant easement that allows them to cross over a neighbor’s land to get to the lake. When they purchase the neighbor’s property, the easement is terminated through
A. abandonment.
B. destruction.
C. failure of purpose.
D. merger.
D. merger.
A writ of attachment, an easement in gross, and a special assessment all have what in common?
A. They’re court actions.
B. They’re encumbrances.
C. They’re restrictions.
D. They’re taxes.
B. They’re encumbrances.
A farmer has an easement to drive across a neighbor’s property to get to their barn. The farmer’s property is known as the ___ tenement.
A. affirmative
B. appurtenant
C. dominant
D. servient
C. dominant
A similarity between an easement and a license is that both
A. can be revoked at any time.
B. create an encumbrance.
C. grant someone access to another’s property.
D. run with the land.
C. grant someone access to another’s property.
A thunderstorm knocks down power lines on a property. Big City Electric enters the property without the owner’s permission to fix the lines. This is an example of
A. easement appurtenant.
B. easement in gross.
C. encroachment.
D. trespassing.
B. easement in gross.
Rob buys a house near the beach. After he moves in, Rob and his neighbor sign a written agreement that allows Rob to cross the neighbor’s property to get to the beach. The agreement states that if Rob moves or dies, the permission is terminated. What is this agreement?
A. appurtenant easement
B. easement in gross
C. life estate
D. voluntary lien
B. easement in gross
Paul buys a piece of landlocked property from Tim on the condition that Tim provides an easement across the property for ingress and egress. The easement isn’t recorded. When Tim sells the property, is the easement still valid for the new owner?
A. No, because it wasn’t recorded
B. No, because it wasn’t mentioned in the deed
C. Yes, because an easement of this type runs with the land, rather than belonging to an individual
D. Yes, because Paul is the servient tenant and Tim is the dominant tenant
C. Yes, because an easement of this type runs with the land, rather than belonging to an individual
Which is NOT a requirement to claim an easement by prescription?
A. adverse use
B. exclusive use
C. hostile use
D. notorious use
B. exclusive use
Which statement about liens is FALSE?
A. A lien does not prevent the transfer of property.
B. A lien is a financial encumbrance.
C. A lien is a possessory interest.
D. A lien may be placed against personal property.
C. A lien is a possessory interest.
What would cause a judgment lien to be attached to real property?
A. foreclosure
B. lawsuit
C. unpaid construction project
D. unpaid property taxes
B. lawsuit
A plaintiff files a lawsuit involving a property as well as a separate document to provide public notice of the lawsuit. What is this recorded notice called?
A. ad valorem notice
B. judgment filing
C. lis pendens
D. writ of execution
C. lis pendens
A homeowner has an unpaid hospital bill for $20,000. The hospital files a lawsuit and wins a judgment for the full amount. Is the homeowner’s home, which they own free and clear, at risk?
A. No, because the debt must be at least $25,000 to force a sale.
B. No, because the debt must exceed the value of the homestead.
C. No, because the homeowner may be partly or fully protected by state homestead laws.
D. Yes, a court may always force a sale to fulfill a judgment.
C. No, because the homeowner may be partly or fully protected by state homestead laws.
