Themis Essay 876

Question 1

The Statute of Frauds requires that a land sale contract must:

Answer 1

(i) be in writing, (ii) be signed by the party to be charged, and (iii) contain all of the essential terms (i.e., parties, property description, terms of price and payment).

Question 2

In the event that a seller breaches a contract to sell land, the buyer is entitled to

Answer 2

specific performance since the buyer’s remedy at law is considered inadequate due to the unique nature of land.

Question 3

Under Virginia law, the defense of part performance is established by a showing that

Answer 3

(i) the parol agreement relied on is certain and definite in its terms,
(ii) the acts proved in part performance were made in pursuance of the agreement, and
(iii) the agreement was so far executed that a refusal of full execution would operate a fraud upon the party, and place in him a situation which does not lie in compensation.

Question 4

An easement is the right held by one person to

Answer 4

make specific, limited use of land owned by another.

Question 5

The land that is subject to the easement is

Answer 5

the servient estate.

Question 6

The land benefited from an easement on a servient estate is

Answer 6

the dominant estate.

Question 7

Typically, an easement is created by an

Answer 7

express grant by the owner of the servient estate to the owner of the dominant estate.

Question 8

An easement by necessity may be recognized if

Answer 8

the dominant estate is virtually useless (i.e., landlocked) without the benefit of an easement across the servient estate.

Question 9

For an easement by necessity to be recognized, both the dominant and servient estates must have

Answer 9

(i) been under common ownership in the past, and (ii) the necessity must have arisen at the time that the property was severed and the two estates were created.

Question 10

An express easement arises when

Answer 10

it is affirmatively created by the owner of the servient estate in a writing that is in compliance with the Statute of Frauds.

Question 11

An easement may be either

Answer 11

appurtenant or in gross.

Question 12

An easement appurtenant benefits the owner

Answer 12

of the dominant estate in his use and enjoyment of his property.

Question 13

An easement in gross is

Answer 13

given to an individual to benefit them personally.

Question 14

An easement appurtenant passes to

Answer 14

a successor-in-interest of the dominant estate.

Question 15

An easement in gross does not

Answer 15

automatically pass to a successor-in-interest of the dominant estate.