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 requires a dominant tenement that the easement benefits, and it automatically passes with the dominant estate when that property is conveyed.

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

An implied easement from prior use requires: (1) unity of ownership prior to severance, (2) a use that was apparent and continuous at the time of severance, and (3) reasonable necessity for the dominant parcel.

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

The traditional rule requires intent, touch and concern, horizontal privity between the original contracting parties, vertical privity in the covenantor's successor, and that the successor have notice of the covenant.

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

A prescriptive easement in California does not require exclusivity — the right may be shared by multiple users, and each can separately acquire prescriptive rights through individual use.

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

Equitable servitudes do not require privity of estate between the original parties — this is the primary advantage equitable servitudes hold over real covenants.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Property Law 4