CAS Bar Property Law 4

Question 1

Which of the following correctly distinguishes an easement appurtenant from an easement in gross?

Accepted Answer

An easement appurtenant benefits a dominant tenement and runs with that land upon conveyance

Answer

An easement appurtenant is personal to the holder and does not transfer with any parcel of land

Answer

An easement in gross always transfers automatically with the servient estate

Answer

An easement appurtenant may only be created by an express written grant, never by implication

Question 2

A court will recognize an easement implied from prior use when, at the time a unified parcel is severed into two parcels, there existed a use that was:

Accepted Answer

Apparent and continuous at the time of severance, and the easement is reasonably necessary for the dominant estate's use

Answer

Expressly agreed upon by the parties in a written agreement at the time of severance

Answer

Hostile and adverse to the owner of the unified parcel for the full statutory period

Answer

Permitted by the owner and exercised continuously for more than 10 years

Question 3

For the BURDEN of a real covenant to run with the land and bind a successor to the original covenantor, which complete set of requirements must be satisfied?

Accepted Answer

Intent to bind successors, touch and concern the land, horizontal privity between original parties, vertical privity in the burdened successor, and notice

Answer

Intent and touch and concern only — modern courts have abolished all privity requirements for burdens

Answer

Touch and concern, vertical privity, and notice only — horizontal privity is not required for the burden to run

Answer

Recording in the chain of title alone satisfies all requirements for the burden to run

Question 4

To establish a prescriptive easement in California, a claimant must prove open, notorious, hostile (under claim of right), and continuous use for five years. Unlike adverse possession, prescriptive use in California:

Accepted Answer

Does not require exclusivity — multiple users can independently establish prescriptive rights

Answer

Must also be exclusive to the claimant to establish the right

Answer

Requires payment of property taxes assessed on the area used during the statutory period

Answer

Must be accompanied by a written claim of title to the easement area

Question 5

An equitable servitude is most readily enforced against a successor to the burdened land when the successor had notice. Which element, required for a real covenant at law, is NOT required for an equitable servitude?

Accepted Answer

Privity of estate between the original contracting parties

Answer

Intent that the restriction bind successors to the burdened parcel

Answer

That the restriction touch and concern the burdened land

Answer

Notice to the burdened successor of the restriction's existence

Question 6

Which of the following will NOT terminate an easement under general property law principles?

Accepted Answer

Non-use of the easement alone, even for an extended period of many years

Answer

Merger — the dominant and servient estates come under single common ownership

Answer

Express written release executed by the easement holder

Answer

Abandonment evidenced by affirmative acts clearly demonstrating intent to permanently relinquish the right

Question 7

A traditional negative easement at common law gives the easement holder the right to:

Accepted Answer

Prevent the servient landowner from engaging in certain activities on their own property

Answer

Enter the servient estate to perform specified acts or activities on the land

Answer

Require the servient landowner to take affirmative action for the easement holder's benefit

Answer

Collect rents or profits generated by the servient estate during the easement term