Property Ownership #7

Question 1

IF an easement is created by a written agreement between a landowner and an easement holder, it is called a

Answer 1

PRIVATE GRANT

Question 2

Creation of an easement by continuous, uninterrupted, hostile possession is called

( An easement is a nonpossessory right to make a specific use of the land of another.

Answer 2

Prescription;
implied easements granted after the dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years.

Question 3

“ACQUISITION” of property by continuous, uninterrupted, hostile possession is called

Answer 3

Adverse Possession

Question 4

Acquisition of an easement by the government or public utility under its power of eminent domain is called

Answer 4

Condemnation

Question 5

When. a landowner reserves or retains for himself an easement in a deed which conveys title to another party it is called

Answer 5

Reservation

Question 6

When a seller grants an easement to prevent the buyer from becoming landlocked, it is called easement by….

Answer 6

Necessity

Question 7

Creating an easement:

POPCORN

Answer 7

P: PRIVATE GRANT
O
P: PRESCRIPTION
C: CONDEMNATION 
O
R: RESERVATION
N: NECESSITY

Question 8

P IN POPCORN:

PRIVATE GRANT

Answer 8

most common written agreement between land owner and easement owner.

Question 9

P : PRESCRIPTION

Answer 9

The “acquisition” of an easement by continuous, hostile, interrupted possession for a period set by law. (you acquire an easement)

ADVERSE POSSESSION: You “acquire OWNERSHIP” OF THE PROPERTY ITSELF.

Question 10

C: CONDEMNATION

Answer 10

The acquisition of an easement by the government under it’s power of Eminent Domain

Question 11

R: Reservation

Answer 11

Occurs when a landowner “reserves” or retains for himself, the easement in a deed which conveys title to the land to another party.

Question 12

The N in Popcorn stands for Necessity

Answer 12

Prevents land owners from being “landlocked” which means having no way to reach a road. The seller can not sell the property and refuse to grant the easement.

Question 13

Is it required that an easement be put in witing?

Answer 13

NO

Question 14

When a quitclaim deed is used to terminate an easement, it is called termination by

Answer 14

RELEASE

Question 15

WHEN an easement is terminated because the holder of the easement failed to use it, it is called termination by

Answer 15

Abandonment

Question 16

When the need for an easement no longer exists, termination of the easement by the court is called termination by

Answer 16

VACATION ;)

Question 17

WHEN the dominant and servient estates come under one ownership, it is termination of and easement by

Answer 17

MERGER

Question 18

When the end of a specified period of time for an easement is reached, the easement is terminated by

Answer 18

Expiration

Question 19

An unauthorized intrusion of a building, fixture or other improvement to real property onto the land of another is an

Answer 19

Encroachment

Question 20

If an encroachment intrudes onto the land of another, it is called a

Answer 20

Trespass

Question 21

If an encroachment intrudes onto the AIR above another’s’ land, its called a

Answer 21

NUISANCE ; like my moms neighbors trees that hang in her yard :/

Question 22

Encroachments may be discovered by survey or

Answer 22

or observation

Question 23

The method which will definitely disclose the existence of an encroachment is

Answer 23

a Survey

Question 24

Encroachments may be discovered by observation or

Answer 24

Survey

Question 25

The first method for settling disputes over encroachments is

Answer 25

agreement between owners