OR Bar Property Law 2

Question 1

An easement by implication arises when:

Accepted Answer

A prior apparent use was reasonably necessary to the dominant estate when the land was divided

Answer

The easement is expressly granted in a recorded deed

Answer

The claimant has openly used the land for 10 years without permission

Answer

The owner records a plat map showing a right-of-way

Question 2

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

Accepted Answer

Runs with the dominant estate and transfers automatically upon conveyance of that parcel

Answer

Cannot be transferred without the express consent of the servient owner

Answer

Benefits a particular person rather than a parcel of land

Answer

Terminates upon the sale of the servient estate

Question 3

For a restrictive covenant to run with the land and bind successors at law, which element is NOT required?

Accepted Answer

The covenant must be notarized at the time of execution

Answer

Intent that the burden run with the land

Answer

Touch and concern the land

Answer

Privity of estate between the original contracting parties

Question 4

Which feature is MOST characteristic of a joint tenancy as opposed to a tenancy in common?

Accepted Answer

Upon one co-tenant's death, the survivor(s) take the decedent's share automatically

Answer

Each co-tenant may freely devise their share by will

Answer

Each co-tenant holds a distinct, separately transferable fractional interest

Answer

A joint tenancy may only be created between spouses

Question 5

A tenant in common seeks to end co-ownership because the other co-tenant refuses to sell. The most appropriate remedy is:

Accepted Answer

Partition

Answer

Unlawful detainer action

Answer

Quiet title action

Answer

Ejectment

Question 6

A profit à prendre differs from a standard easement in that a profit:

Accepted Answer

Entitles the holder to enter the land and remove natural resources from it

Answer

Cannot be created by an express written grant

Answer

Exclusively benefits an adjoining parcel of land

Answer

Automatically terminates when the servient estate is sold

Question 7

A landowner orally tells a neighbor, 'You may use my driveway whenever you need.' Without more, this creates:

Accepted Answer

A license, which is revocable at will

Answer

An easement appurtenant benefiting the neighbor's parcel

Answer

An easement by necessity implied from the circumstances

Answer

A covenant running with the neighbor's land