GA Bar Property Law 5

Question 1

An easement by necessity is created when a parcel is conveyed in a manner that leaves the grantee's land completely surrounded by other parcels. The easement is justified by:

Accepted Answer

Implied intent of the parties and public policy favoring land use

Answer

Easements by necessity are implied from the circumstances of the conveyance and public policy that land should not be rendered inaccessible.

Question 2

To establish a prescriptive easement in Georgia, the claimant must show use that is open, continuous, and adverse for a period of:

Accepted Answer

20 years

Answer

Georgia requires 20 years of open, notorious, continuous, and adverse use to establish a prescriptive easement.

Question 3

An easement appurtenant differs from an easement in gross in that an easement appurtenant:

Accepted Answer

Benefits a specific parcel of land (dominant estate)

Answer

An easement appurtenant benefits and runs with a dominant estate, while an easement in gross benefits a specific person with no dominant estate.

Question 4

A real covenant that runs with the land at law requires which of the following elements for the burden to bind successors?

Accepted Answer

Intent, touch and concern, horizontal and vertical privity, and notice

Answer

For a covenant's burden to run at law, courts require intent, that the covenant touch and concern the land, horizontal privity between original parties, vertical privity from original covenantor to successor, and notice.

Question 5

Tacking in adverse possession allows a claimant to add a predecessor's period of possession to her own. Tacking is permitted only when:

Accepted Answer

There is privity of possession between the successive occupants

Answer

Tacking requires privity of possession — a voluntary transfer of the disputed tract from one adverse possessor to the next.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Property Law 5