Legal Property Law & Real Estate 4

Question 1

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:

Accepted Answer

Ends because the necessity has ended

Answer

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

Question 2

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

Accepted Answer

A written instrument that describes the easement

Answer

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

Question 3

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

Accepted Answer

Horizontal privity

Answer

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

Question 4

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:

Accepted Answer

A common scheme (reciprocal negative servitude)

Answer

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

Question 5

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

Accepted Answer

Exclusive possession of the servient land

Answer

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

Legal - Attorneys Practice Test

Legal - Attorneys Practice Test

Legal Property Law & Real Estate 4