UT Bar Property Law 3

Question 1

Utah recognizes boundary by acquiescence. Which element is required for this doctrine to fix a boundary at a fence line?

Accepted Answer

Mutual acquiescence in the line as a boundary for at least 20 years by adjoining owners

Answer

Utah's boundary by acquiescence requires occupation up to a visible line mutually acquiesced in as the boundary by adjoining owners for at least 20 years.

Question 2

Utah allocates water rights under which doctrine?

Accepted Answer

Prior appropriation — first in time, first in right, based on beneficial use

Answer

As an arid western state, Utah follows prior appropriation, giving priority to the earliest beneficial use rather than to riparian landowners.

Question 3

A buyer of a Utah home discovers after closing that the seller knew the basement flooded every spring and said nothing. The buyer's best claim is:

Accepted Answer

Fraudulent nondisclosure of a known material defect not discoverable by the buyer

Answer

A seller who knows of a material defect not reasonably discoverable by the buyer may be liable for fraudulent nondisclosure despite the deed's delivery.

Question 4

O grants a utility company an easement 'for power lines' across her ranch. The company later tries to add fiber-optic cables for a third party's benefit, substantially increasing the burden. O may:

Accepted Answer

Enjoin the expanded use as exceeding the scope of the easement

Answer

Use that materially exceeds the scope of the granted easement is a misuse that the servient owner may enjoin.

Question 5

A mortgagor in Utah defaults, and the lender forecloses nonjudicially under a trust deed. Which statement about the trustee's sale is correct?

Accepted Answer

The trustee may sell after notice of default and the statutory waiting and notice periods, without a court action

Answer

Utah trust deeds permit nonjudicial foreclosure through a trustee's sale after statutory notice of default and publication requirements are met.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Property Law 3