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Question 1
Marsha holds an express easement that allows her and the members of her household to use Greg's swimming pool at any time that they want. One day, Marsha gets tired of sharing the pool with Greg and she offers Greg $20,000 to sell her the pool outright, along with the land that it's on. Greg agrees and they complete the sale. A year later, Greg misses the pool and asks Marsha to sell the pool back to him for $25,000. Marsha agrees and the sale goes through. At this point, does Marsha have the right to swim in the pool?
Correct
Incorrect!
Correct
Incorrect!
Correct Under the doctrine of merger, an easement is automatically extinguished if, at any point, the same person comes to own the easement and the servient tenement at the same time. As soon as Marsha bought the pool from Greg, her easement was extinguished. It does not come back just because she sells the pool later on.
Incorrect! Under the doctrine of merger, an easement is automatically extinguished if, at any point, the same person comes to own the easement and the servient tenement at the same time. As soon as Marsha bought the pool from Greg, her easement was extinguished. It does not come back just because she sells the pool later on.
Correct
Incorrect!
Question 2
Abbott owns an easement that allows him to walk over Costello's property to access a street on the other side. However, at one point, Abbott purchases a different easement from a different neighbor that allows him to access the same street. Thereafter, he stops using Costello's easement. Does this cause his easement to walk over Costello's property to be extinguished?
Correct
Incorrect!
Correct This is a close one, but #2 is the best answer. Mere non-use does not cause an easement to become extinguished. Although buying another easement and then not using the previous one may show an intent to use the new easement in lieu of the old one, it does not necessarily show a concrete intent to give up the right to use the old one. A court would probably require a more substantial showing of intent to abandon the old easement before it is willing to deprive Abbott of the easement that he originally owned.
Incorrect! This is a close one, but #2 is the best answer. Mere non-use does not cause an easement to become extinguished. Although buying another easement and then not using the previous one may show an intent to use the new easement in lieu of the old one, it does not necessarily show a concrete intent to give up the right to use the old one. A court would probably require a more substantial showing of intent to abandon the old easement before it is willing to deprive Abbott of the easement that he originally owned.
Correct
Incorrect!
Correct
Incorrect!
Question 3
Derrick received, in a conveyance, land that was surrounded by land that was owned by Sandra. Because of this, Derrick received an easement by implication to use a path through Sandra's property to access the outside World. Years after this acquisition, Derrick purchases a different easement from Sandra to use a wider path of ingress and egress (coming and going) to and from the outside World. What happens to Derrick's original easement by implication?
Correct
Incorrect!
Correct If an easement is created by necessity and the necessity ends, for whatever reason, then the easement ends along with the necessity. Since the easement was only created in this case because of a necessity; since that necessity no longer exists, the easement will be terminated.
Incorrect! If an easement is created by necessity and the necessity ends, for whatever reason, then the easement ends along with the necessity. Since the easement was only created in this case because of a necessity; since that necessity no longer exists, the easement will be terminated.
Correct
Incorrect!
Correct
Incorrect!
Question 4
Marsha holds an express easement that allows her and the members of her household to use Greg's swimming pool at any time that they want. One summer, Greg fails to properly maintain his pool. As a consequence of this, the pool becomes filled with algae and becomes completely unusable. As a result, the next summer, Greg has to completely take out and later rebuild the pool. After this is done, does Marsha still hold her easement to swim in the pool?
Correct Even if the rebuilding of the pool would be considered a "destruction" of the pool (which is not at all clear), an easement can only be extinguished based on destruction of the servient tenement if the servient estate is destroyed through no fault of the servient estate's owner. In this case, it was clearly Greg's fault that the pool got destroyed.
Incorrect! Even if the rebuilding of the pool would be considered a "destruction" of the pool (which is not at all clear), an easement can only be extinguished based on destruction of the servient tenement if the servient estate is destroyed through no fault of the servient estate's owner. In this case, it was clearly Greg's fault that the pool got destroyed.