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

An easement by implication requires a prior apparent use that was reasonably necessary to the enjoyment of the dominant estate at the time of severance.

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

An easement appurtenant benefits a dominant tenement and automatically passes with any transfer of that land, while an easement in gross benefits a person or entity, not a parcel.

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

The traditional elements for a covenant to run at law are intent, touch and concern, and privity of estate; notarization is not one of the required elements.

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

The defining feature of joint tenancy is the right of survivorship — when one joint tenant dies, their interest passes automatically to the surviving joint tenant(s), bypassing probate.

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

Partition is the judicial remedy that dissolves concurrent ownership, either by physical division (partition in kind) or by a forced sale with proceeds divided among co-owners.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Property Law 2