TX Bar Real Property Law 2

Question 1

In Texas, a party claiming adverse possession without color of title must possess the land openly and adversely for at least:

Accepted Answer

10 years

Answer

3 years

Answer

5 years

Answer

25 years

Question 2

An easement by necessity arises when:

Accepted Answer

A landlocked parcel is created when a common grantor conveys part of a unified tract

Answer

A party uses another's land openly for 10 years without permission

Answer

Two neighbors orally agree to share a common driveway

Answer

A party records an easement claim in the county deed records

Question 3

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

Accepted Answer

The covenant must be recorded in the county deed records

Answer

Intent that the covenant bind successors

Answer

The covenant must touch and concern the land

Answer

Privity of estate between the original parties

Question 4

An easement appurtenant differs from an easement in gross primarily because:

Accepted Answer

An easement appurtenant benefits a particular parcel of land rather than a person or entity

Answer

An easement appurtenant is always revocable by the grantor

Answer

An easement appurtenant cannot be transferred without the grantor's consent

Answer

An easement appurtenant must be expressly granted in a recorded instrument

Question 5

The merger doctrine terminates an easement when:

Accepted Answer

The dominant and servient estates come under common ownership

Answer

The easement holder stops using it for 10 years

Answer

The easement holder executes a written release to the servient owner

Answer

A court determines the easement is no longer necessary

Question 6

A negative easement is best described as one that:

Accepted Answer

Restricts the servient estate owner from doing something that would otherwise be lawful on their own land

Answer

Allows the holder to physically enter and use the servient estate

Answer

Can be freely revoked by the servient estate owner at any time

Answer

Automatically terminates upon transfer of the dominant estate to a new owner

Question 7

Which of the following is most likely classified as an easement in gross rather than an easement appurtenant?

Accepted Answer

A utility company's right to run power lines across private property

Answer

A right-of-way granted to the owner of an adjacent parcel to cross the grantor's land

Answer

A shared driveway agreement between neighboring landowners

Answer

An access easement benefiting a landlocked parcel