Property Law & Real Estate Flashcards

An easement by necessity was created when a landlocked parcel was severed. Later, a new public road is built next to the parcel. The easement:

Answer: Ends because the necessity has ended

An easement by necessity lasts only as long as the necessity does.

Which is NOT required for an easement implied from prior use?

Answer: A written instrument that describes the easement

Implied easements arise without a writing, from the circumstances of the severance.

To enforce a covenant as an equitable servitude against a later owner, which element is NOT required?

Answer: Horizontal privity

Equitable servitudes do not require horizontal privity, unlike real covenants enforced for damages.

A developer sold 49 of 50 lots with deeds limiting them to single-family homes, but left the restriction out of the last deed. Its buyer knew about the pattern. The restriction may still bind the last lot under:

Answer: A common scheme (reciprocal negative servitude)

A common development scheme plus notice can imply a reciprocal negative servitude on lots whose deeds leave it out.

Which element is generally NOT required to get a prescriptive easement?

Answer: Exclusive possession of the servient land

Unlike adverse possession of title, a prescriptive easement generally does not require exclusive use.

After a land sale contract is signed but before closing, the house burns down through no one's fault. There is no statute or contract term on the point. Under the majority rule, the risk of loss falls on:

Answer: The buyer, under equitable conversion

Under equitable conversion, the buyer holds equitable title after signing and bears the risk of loss, unless a statute like the Uniform Vendor and Purchaser Risk Act says otherwise.

Which of the following most likely makes the seller's title unmarketable?

Answer: An existing violation of the zoning ordinance

Zoning restrictions alone do not make title unmarketable, but an existing violation does because it exposes the buyer to a lawsuit.