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

Texas Civil Practice and Remedies Code § 16.026 provides a 10-year limitations period for adverse possession without color of title.

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

An easement by necessity requires unity of prior ownership and a subsequent severance that leaves one parcel landlocked with no other access.

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

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.

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 attached to and benefits a dominant estate, while an easement in gross benefits only an individual or entity rather than a parcel.

Question 5

The merger doctrine terminates an easement when:

Accepted Answer

The dominant and servient estates come under common ownership

Answer

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.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Real Property Law 2