Real Property Law Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Real Property Law flashcards as text
In Texas, a party claiming adverse possession without color of title must possess the land openly and adversely for at least:
Answer: 10 years
Texas Civil Practice and Remedies Code § 16.026 provides a 10-year limitations period for adverse possession without color of title.
An easement by necessity arises when:
Answer: A landlocked parcel is created when a common grantor conveys part of a unified tract
An easement by necessity requires unity of prior ownership and a subsequent severance that leaves one parcel landlocked with no other access.
For a restrictive covenant to run with the land at law, which element is NOT required?
Answer: The covenant must be recorded in the county deed records
Recording is not a traditional element for a covenant to run with the land at law; intent, touch and concern, and privity are the classic common-law requirements.
An easement appurtenant differs from an easement in gross primarily because:
Answer: An easement appurtenant benefits a particular parcel of land rather than a person or entity
An easement appurtenant is attached to and benefits a dominant estate, while an easement in gross benefits only an individual or entity rather than a parcel.
The merger doctrine terminates an easement when:
Answer: The dominant and servient estates come under common ownership
When the dominant and servient estates merge under one owner, the easement is extinguished because one cannot hold an easement over one's own land.
A negative easement is best described as one that:
Answer: Restricts the servient estate owner from doing something that would otherwise be lawful on their own land
A negative easement prevents the servient estate owner from engaging in certain conduct rather than granting the dominant owner an affirmative right to enter.
Which of the following is most likely classified as an easement in gross rather than an easement appurtenant?
Answer: A utility company's right to run power lines across private property
A utility easement benefits a company rather than a particular parcel of land, making it an easement in gross.