SAEE Property Rights and Legal Concepts 4

Question 1

A landowner grants a utility company the right to run power lines across their property. This is best described as:

Accepted Answer

An easement in gross

Answer

A utility easement benefits a company rather than an adjoining parcel, making it an easement in gross.

Question 2

Which doctrine holds that a property owner who acquires title with constructive notice of a prior unrecorded interest takes subject to that interest?

Accepted Answer

Inquiry notice

Answer

Inquiry notice arises when circumstances would prompt a reasonable buyer to investigate, imputing knowledge of discoverable interests.

Question 3

A deed restriction prohibits operating a business on a residential lot. A subsequent owner violates the restriction. The most appropriate remedy for neighboring lot owners is:

Accepted Answer

Injunctive relief to enforce the covenant

Answer

Equitable servitudes (deed restrictions) are typically enforced by injunction because monetary damages are often inadequate.

Question 4

Under the concept of police power, a municipality may:

Accepted Answer

Regulate land use through zoning without compensation

Answer

Police power allows government to regulate property use for public welfare without compensation, as long as it does not constitute a taking.

Question 5

A property owner sells the surface rights but retains the mineral rights. The retained mineral rights are an example of:

Accepted Answer

A severed mineral estate

Answer

When mineral rights are separated from surface rights, the result is a severed mineral estate, creating two distinct ownership interests.

SAEE Test Practice Test

SAEE Test Practice Test

SAEE Property Rights and Legal Concepts 4