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Question 1
Joe and Vicky are neighbors. Joe and Vicky have agreed, in writing that Joe may cross over Vicky's lawn to get to a street that is on the other side of her property. What interest does Joe have in Vicky's property?
Correct An easement that is held by a person in his or her capacity as owner of a property is an easement appurtenant. In this case, clearly, the only reason Joe needs to cross Vicky's property is because of the relative position of her property in relation to his property. Therefore the easement is an easement appurtenant.
Incorrect! An easement that is held by a person in his or her capacity as owner of a property is an easement appurtenant. In this case, clearly, the only reason Joe needs to cross Vicky's property is because of the relative position of her property in relation to his property. Therefore the easement is an easement appurtenant.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Joe and Vicky are neighbors. Joe and Vicky have agreed, in writing that Joe may cross over Vicky's lawn to get to a street that is on the other side of her property. Later, Joe sells his property to Aaron. May Aaron use Vicky's property to access the street?
Correct
Incorrect!
Correct An easement appurtenant is considered to be owned by the owner of the dominant tenement in his or her capacity as owner of that land. Therefore, if the land is sold, the easement is transferred along with the property. Choice 1 is incorrect because consideration is not a necessary element of the transferring of interests in real estate.
Incorrect! An easement appurtenant is considered to be owned by the owner of the dominant tenement in his or her capacity as owner of that land. Therefore, if the land is sold, the easement is transferred along with the property. Choice 1 is incorrect because consideration is not a necessary element of the transferring of interests in real estate.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Joe and Vicky are neighbors. Joe and Vicky have agreed, in writing that Joe may cross over Vicky's lawn to get to a street that is on the other side of her property. Joe sells his property to Aaron. May Joe still walk over Vicky's property if he so desires?
Correct
Incorrect!
Correct
Incorrect!
Correct The right to use an easement appurtenant always resides exclusively with the owner of the dominant tenement. Note that choice 4 is technically a true statement, but its reasoning is not necessary because the seller of a dominant tenement does not keep the right to use the easement. Therefore, choice 3 is the best answer.
Incorrect! The right to use an easement appurtenant always resides exclusively with the owner of the dominant tenement. Note that choice 4 is technically a true statement, but its reasoning is not necessary because the seller of a dominant tenement does not keep the right to use the easement. Therefore, choice 3 is the best answer.
Correct
Incorrect!
Question 4
Larry owns an easement in gross that allows him to play golf on the Lakeside golf course any time he wishes to. Larry lives 3 blocks away from the course, which makes it very convenient for him to walk to the course whenever he wants to play. Is his house considered the dominant tenement?
Correct
Incorrect!
Correct There is no such thing as a dominant tenement of an easement in gross. A dominant tenement can only exist in relation to an easement appurtenant.
Incorrect! There is no such thing as a dominant tenement of an easement in gross. A dominant tenement can only exist in relation to an easement appurtenant.
Question 5
Batman orally conveys to Joker an easement that allows Joker to park his car in the Batcave. Is the oral conveyance enforceable?
Correct An easement is considered an interest in real property. Thus, a conveyance of an easement must be in writing to be enforceable. Choice 4 is incorrect because a lifetime easement, just as a life estate, is considered an interest in real estate and thus is covered by the Statute of Frauds.
Incorrect! An easement is considered an interest in real property. Thus, a conveyance of an easement must be in writing to be enforceable. Choice 4 is incorrect because a lifetime easement, just as a life estate, is considered an interest in real estate and thus is covered by the Statute of Frauds.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 6
Superman conveys an easement in gross to Lex Luther that allows Luther to use the Hall of Justice suntan parlor any time he wants. Eventually, Luther learns that it's unhealthy to lie in a suntan parlor and so he asks if any of his friends want his right instead. Luther's friend, Paleface, tells Luther that he's in need of a good tanning parlor. So, Luther conveys his easement in gross to Paleface. Is this conveyance effective?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Easements in gross are generally not transferable unless they are for commercial purposes. This easement clearly has no commercial purposes. Therefore, it is not transferable.
Incorrect! Easements in gross are generally not transferable unless they are for commercial purposes. This easement clearly has no commercial purposes. Therefore, it is not transferable.