ARA Legal Regulations & Environmental Considerations 3

Question 1

A prescriptive easement differs from an express easement in that it is:

Accepted Answer

Acquired through open, continuous, and hostile use over a statutory period

Answer

A prescriptive easement arises by operation of law when a party uses another's land openly, continuously, and without permission for the period required by state statute.

Question 2

The 'bundle of rights' concept in real property law includes all of the following EXCEPT:

Accepted Answer

The right to government-mandated improvements

Answer

The bundle of rights includes use, enjoyment, exclusion, encumbrance, and disposition — governments can regulate or take rights but do not grant them to private owners.

Question 3

Which doctrine holds that landowners own the mineral rights beneath their surface unless those rights were previously severed and sold separately?

Accepted Answer

Cuius est solum doctrine

Answer

The cuius est solum doctrine ('whoever owns the soil owns up to the sky and down to the depths') means minerals belong to the surface owner absent a prior severance.

Question 4

In agricultural appraisal, an appraiser discovers that a rural property's irrigation water rights are administered under the prior appropriation doctrine. This means:

Accepted Answer

Water rights are allocated based on seniority — the oldest right has priority in times of shortage

Answer

Prior appropriation, used in most western states, allocates water on a 'first in time, first in right' basis, making senior water rights more valuable and reliable.

Question 5

Under the National Environmental Policy Act (NEPA), an Environmental Impact Statement (EIS) is required when:

Accepted Answer

A federal agency proposes a major action significantly affecting the human environment

Answer

NEPA requires federal agencies to prepare an EIS for major federal actions that may significantly affect the quality of the human environment.

(ARA) Accredited Rural Appraiser Practice Test

(ARA) Accredited Rural Appraiser Practice Test

ARA Legal Regulations & Environmental Considerations 3