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Question 1
Joe always uses his backyard to walk through to access a small shed where he keeps his garden tools. One day, he leases his back yard to Mike. Joe wants to continue to use the path. What is his best legal argument that he should still be able to use the path?
Correct
Incorrect!
Correct An easement can be retained based on prior use if a land owner sells property that he has always used in a certain manner and if it's reasonably apparent that the parties meant that the seller should have the continued use of the property for a certain purpose. Although it is by no means a sure bet in this case, the best argument that Joe can make is that it was implied that he would have a continued right to cross the property to get to his shed.
Incorrect! An easement can be retained based on prior use if a land owner sells property that he has always used in a certain manner and if it's reasonably apparent that the parties meant that the seller should have the continued use of the property for a certain purpose. Although it is by no means a sure bet in this case, the best argument that Joe can make is that it was implied that he would have a continued right to cross the property to get to his shed.
Correct
Incorrect!
Correct
Incorrect!
Question 2
Ralph owns an apartment. He rents out one of the bedrooms to Norton. In order to get from that bedroom to the door, one must cross the living room in the apartment. After the contract is signed and Norton moves in, Norton realizes this problem and asks Ralph about it. Ralph responds that he'll gladly allow Norton to walk through his living room to leave... for an extra $25 per month. Norton argues that he inherently has the right to walk through the living room anyway. Is he correct?
Correct An easement can be implied from "necessity" when the owner of a property transfers parts of the property in a manner that deprives one of the resulting property holder of access to something that is absolutely necessary for the use and enjoyment of the property. Clearly, access to the door is absolutely necessary for the enjoyment of the apartment.
Incorrect! An easement can be implied from "necessity" when the owner of a property transfers parts of the property in a manner that deprives one of the resulting property holder of access to something that is absolutely necessary for the use and enjoyment of the property. Clearly, access to the door is absolutely necessary for the enjoyment of the apartment.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Barney and Fred are neighbors. For 30 years, every day, Fred walks across Barney's property to access a street on the other side of Barney's property. After 30 years, Barney puts up a barrier that prevents Fred from walking across the land. Fred claims that he has obtained an easement by prescription to walk across Barney's property. Barney claims that Fred has not obtained an easement by prescription because he never excluded Barney from any property. Is Barney correct?
Correct
Incorrect!
Correct In general, for property to be acquired by adverse possession, the possessor must be in exclusive possession of the property for the entire statutory time period. However, in the case of an easement by prescription being acquired, there is no requirement of exclusivity because easements, by their very nature, are not exclusive of the owner of the property. They are merely rights to the usage of the property.
Incorrect! In general, for property to be acquired by adverse possession, the possessor must be in exclusive possession of the property for the entire statutory time period. However, in the case of an easement by prescription being acquired, there is no requirement of exclusivity because easements, by their very nature, are not exclusive of the owner of the property. They are merely rights to the usage of the property.
Question 4
Which of the following is true of an express reservation creating an easement?
Correct
Incorrect!
Correct
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Correct An easement by express reservation occurs when the transferor of property reserves, or holds back, an easement, allowing him or her to use the property in a certain manner. This must be done in the document giving over title or it is not effective to create an express easement.
Incorrect! An easement by express reservation occurs when the transferor of property reserves, or holds back, an easement, allowing him or her to use the property in a certain manner. This must be done in the document giving over title or it is not effective to create an express easement.