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Question 1
Red Baron buys an easement from George that allows Red to stay on George' ranch for 2 months every summer to relax and sunbathe. During his first summer on the ranch, Red brings his twin engine Cessna and practices his take-offs and landings on the ranch. George brings an action against Red to force him to stop. Who will prevail?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The scope of an easement will be restricted to what the parties had in mind when the easement was created. In this case, the easement was created with the intent of Red relaxing and sunbathing on the beach, not taking off and landing airplanes. There is no indication that George consented to such a loud and disruptive use of the property when the easement was created. Therefore, the easement does not cover Red's usage of the property.
Incorrect! The scope of an easement will be restricted to what the parties had in mind when the easement was created. In this case, the easement was created with the intent of Red relaxing and sunbathing on the beach, not taking off and landing airplanes. There is no indication that George consented to such a loud and disruptive use of the property when the easement was created. Therefore, the easement does not cover Red's usage of the property.
Question 2
Red Baron buys an easement from George that allows Red to stay on George' ranch for 2 months every summer and allows him to use George's ranch to practice takeoffs and landings in his airplane. Twenty years later, Red purchases an airfield next to George's ranch. George claims that the easement for his property is extinguished because Red no longer needs the easement since he has the airfield next door. Is George correct?
Correct
Incorrect!
Correct An express easement does not become extinguished just because its purpose is obsolete. An express easement is presumed to last forever unless otherwise noted.
Incorrect! An express easement does not become extinguished just because its purpose is obsolete. An express easement is presumed to last forever unless otherwise noted.
Question 3
Rocky and Bullwinkle are neighbors in the state of Nirvana, which has an adverse possession statutory period of 20 years. Every day, for 22 years, Rocky walks across Bullwinkle's property to access a street. One day, Rocky decides to set up a barbecue grill on Bullwinkle's property on the path that he is used to walking on. Can he do so?
Correct Although Rocky probably gained an easement by prescription by using the property in the same manner for 22 years, the scope of a prescriptive easement will be only as wide as the purpose for which the easement was taken. Here, the easement by prescription extends only to the actions actually taken by Rocky during his acquisition of the easement, namely, walking over the property to get to the other side.
Incorrect! Although Rocky probably gained an easement by prescription by using the property in the same manner for 22 years, the scope of a prescriptive easement will be only as wide as the purpose for which the easement was taken. Here, the easement by prescription extends only to the actions actually taken by Rocky during his acquisition of the easement, namely, walking over the property to get to the other side.
Correct
Incorrect!
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. Marsha has a husband and 3 children. One day, Bobby, Cindy and their 12 children and Peter, Jan and their 8 children all move into Marsha's house. Does everyone have the right to swim in Greg's pool?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The scope of the easement not only limits the nature of the usage by the easement holder, it also limits the quantity of usage allowable to whatever quantity of usage was anticipated at the time of the easement's creation. In this case, when the easement was conveyed, the parties clearly only intended that a few people would use the pool. Greg had no reason to anticipate that the easement would allow scores of more people this usage. Therefore, allowing all the new people to use the pool would widen the scope of the easement.
Incorrect! The scope of the easement not only limits the nature of the usage by the easement holder, it also limits the quantity of usage allowable to whatever quantity of usage was anticipated at the time of the easement's creation. In this case, when the easement was conveyed, the parties clearly only intended that a few people would use the pool. Greg had no reason to anticipate that the easement would allow scores of more people this usage. Therefore, allowing all the new people to use the pool would widen the scope of the easement.