Quiz 3 Flashcards
- True False
A delivered a valid writing to B whereby A granted to B the right to go upon land owned by A and to cut down and remove trees from A’s land. A granted a profit a prendre to B.
TRUE: If necessary, review page 641, Point for Discussion b; and page 10 of the Week 7 Property I Panels.
- True False
X owns the fee simple absolute estate in Redacre. X wants to own that estate as a joint tenant with Y. In order for X’s goal to be achieved, X must convey the fee simple absolute estate in Redacre to Z who, in turn, must convey the estate to X and Y as joint tenants.
FALSE: The statement is not true in every jurisdiction. The statement is true in a state that adheres to the common law. However, the statement is not true in a jurisdiction that does not require unities of time and title between a transferor and a transferee with whom the transferor creates a joint tenancy between the transferor and the transferee.
- True False
A quasi-easement may be created either orally or in writing.
FALSE: The term “quasi-easement” refers to a “prior use” by a common owner prior to the severance of the common ownership. If necessary, review pages 646 and 647 of the text, and Servitudes-Easements Supplement 6.
- True False
O owned FSA title to the PIQ. In time, O deeded the PIQ “to A for life, then to B’s children.” O, A, and B were alive at the time of O’s transfer. B does not have any children. All common law rules “furthering marketability” and the rule of convenience are in force in the jurisdiction where the PIQ is located. The contingent remainder to B’s children is valid using A as the measuring life.
TRUE: If B does not have any children when A dies, the contingent remainder will be terminated pursuant to the rule of destructibility of contingent remainders. If B survives A’s death and B has a child or children at the time of A’s death, the remainder will vest in B’s child or children living at the time of A’s death per the rule of convenience. If B dies before A without having any children, the contingent reminder will fail to vest during A’s lifetime. If B dies before A survived by a child or children, the class of “B’s children” will close prior to A’s death and the remainder to “B’s children” will vest upon B’s death. If necessary, review page 348 and 349, Point for Discussion c. As an aside, review the content of Point for Discussion b on page 348.
- True False
Parcel 1, Parcel 2, and Parcel 3 are separate parcels of land. A, the owner of Parcel 1, granted an easement over Parcel 1 for ingress and egress to and from Parcel 2 to B; the owner of Parcel 2. Subsequently, B became the owner of Parcel 3. B is using the easement for ingress and egress over Parcel 1 to go to and from Parcel 2 and Parcel 3. B is surcharging the easement.
TRUE: If necessary, Point for Discussion f on page 675 of the course text.
- True False
X owned fee simple title to Lots 1 and 2. In time, X transferred the fee simple estate in Lot 2 to Y. A year later, it became necessary for Y to use Lot 1 for Y’s beneficial use and enjoyment of Lot 2. Y asked X to grant Y an easement over Lot 1. X refused to do so. Regardless, Y has an easement over Lot 1 implied by necessity.
FALSE: The necessity that is grounds to imply an easement by necessity must have existed at the time of the severance of common ownership. Here, the alleged necessity arose a year after the severance of X’s common ownership of Lots 1 and 2. If necessary, review Point for Discussion b on page 652 of the course text; and Servitudes-Easements Supplement 6.
- True False
O conveyed the fee simple absolute estate in the PIQ “to A, B, and C as joint tenants, not as tenants in common, with right of survivorship.” Subsequently, A leased the PIQ to D. Per the equitable conversion doctrine, A became a tenant in common with B and C effective as of the time that A leased the PIQ to D.
FALSE: Whether a joint tenancy is or is not severed when a joint tenant leases the concurrently owned property is determined by applying what are called the severance rule or the no severance rule; whichever rule is in force in the jurisdiction in which the PIQ is located. The equitable conversion doctrine, where applicable, applies when a joint tenant enters into a contract to sell the joint tenant’s undivided interest in the commonly owned property. If necessary, review pages 362 – 365, and Concurrent Ownership Supplement 3.
- True False
O owned the possessory fee simple absolute estate in and to Whiteacre. O deeded Whiteacre “to A and A’s heirs.” In time, A deeded Whiteacre “to B and B’s heirs provided that Whiteacre is used as a horse ranch.” Applying the common law, A deeded a fee simple determinable estate in and to Whiteacre to B.
FALSE: The defeasible estate that O conveyed to A is a fee simple subject to a condition subsequent because of the words “provided that.” If necessary, review page 312.
- True False
An easement is terminated by a valid foreclosure of a senior encumbrance.
TRUE: If necessary, review Servitudes-Easements Supplement 9, item. 11.
- True False
A granted an easement over A’s property to B which B has not used for the past year. A now claims that B has abandoned the easement because B has not used the easement over the past year. A must prove more than B’s nonuse to prevail on A’s claim that B has abandoned the easement.
TRUE: A must prove nonuse and that B’s nonuse was coupled with the intent to abandon. If necessary, review pages 678 – 681 of the course text.
- Northacre and Southacre are contiguous parcels of land. A portion of the northerly boundary of Northacre abuts a public highway. A north/south roadway exists along the easterly 15’ of Northacre from the public highway to the northerly boundary of Southacre. Amy used to own the fee simple absolute estate in Northacre and the fee simple absolute estate in Southacre. Amy deeded Southacre to Betty at which time Betty became the owner of a right to use the roadway over the easterly 15’ of Northacre to go to and from Southacre and the public highway that abuts a portion of the northerly boundary of Northacre. In time, Betty deeded Southacre to Carl. The deed from Betty to Carl did not include any reference to the 15’ roadway over Northacre. Which one of the following statements is the most accurate statement?
A. The roadway easement over Northacre was terminated when Betty deeded Southacre to Carl.
B. Carl is the current owner of the roadway easement over Northacre.
C. Betty is the current owner of the roadway easement over Northacre.
D. Betty and Carl own the roadway easement concurrently.
ANSWER: B
Amy granted a 15’ roadway easement to Betty. The 15’ roadway easement Amy granted to Betty burdens Northacre. Therefore, Northacre is the servient property. The easement is for the beneficial use and enjoyment of Southacre. Hence, the easement is appurtenant to Southacre; the dominant property. A transfer of title to dominant land automatically includes the transfer of ownership of an easement that is appurtenant to the dominant land. Consequently, Carl became the owner of the 15’ roadway easement when Betty deeded Southacre to Carl notwithstanding that the deed from Betty to Carl “did not include any reference to the 15’ roadway over Northacre.” If necessary, review page 641, Point for Discussion C.
- An easement that is not for the purpose of aiding the easement owner in the use of any property that might be owned by the easement owner is:
A. An appurtenant easement.
B. An easement in pais.
C. An easement in gross.
D. A perpetual easement.
ANSWER: C
If necessary, review page 639 of the course text.
- Brownacre is land located in California. X owned fee simple title to Brownacre. X died testate. X devised Brownacre “to Y and Z, a married couple, as joint tenants with right of survivorship, not as tenants in common, and not as community property.” Two months ago, Y executed a deed from Y to Y without Z’s knowledge “for the purpose of severing the joint tenancy between Y and Z.” Y placed the deed in a desk drawer. Y died testate yesterday survived by Z and by D. Y’s will devises all of Y’s testamentary estate to D. Which one of the following best describes the current state of the title to Brownacre?
A. Z is the sole owner of the possessory fee simple title to Brownacre.
B. Z is the sole owner of the possessory fee simple title to Brownacre because Y did not use a “straw person” as required by law.
C. D is a tenant in common with Z each as to an undivided one-half interest in and to the fee simple title to Brownacre.
D. D is a joint tenant with Z each as to an undivided one-half interest because California statutory law does not require the unities of time and title for a joint tenancy to exist.
A
- An easement cannot be terminated by:
A. Destruction of the servient tenement.
B. Revocation.
C. Estoppel.
D. Surcharge.
ANSWER: B
An easement is an irrevocable, nonpossessory right held by a person to use property of another person. Consequently, an easement cannot be terminated by revocation. If necessary, review pages 638 – 641 of the course text; § 32.13, page 575 of the Sprankling hornbook; and Servitudes-Easements Supplement 2.
- Which one of the following statements is the least accurate statement?
A. Partition in kind when practicable is preferred over partition by sale.
B. The emphasis the law places upon the express terms of the grant or reservation of an easement is in keeping with the public policy of promoting certainty in land transactions.
C. If one of two joint tenants goes into possession of the concurrently owned property, the joint tenancy is severed.
D. The Restatement of Property provides that the owner of servient land may relocate an easement provided the relocation will not significantly lessen the utility of the easement, unduly impair the rights of the easement owner, or frustrate the purpose for which the easement was created.
ANSWER: C
Statement C is not an accurate statement. Statement C is the least accurate statement among the four statement because Statements A, B, and D are accurate statements. The mere fact that a joint tenant goes into possession of the joint tenancy property and the other joint tenant or joint tenants is not conclusive proof that the joint tenancy was severed. Whether a severance of the joint tenancy occurred depends on the intent of the parties. If necessary, review pages 374 – 378 of the course text.
Statement A is an accurate statement. If necessary, review pages 367 – 374 of the course text.
Statement B is an accurate statement. If necessary, review page 670, 1st indented paragraph of the course text which is a portion of the opinion of the Supreme Court of Texas in the Marus Cable Associates, L.P. v. Krohn case.
Statement D is an accurate statement. Per the Restatement rule, the owner of servient property may relocate an easement so long as the change in the location of the easement “does not significantly lessen the utility of the easement, increase the burden on the easement holder, or frustrate the purpose of the easement.” If necessary, review Point for Discussion e on page 674 of the course text.
