Real Property 1 Quiz 1

The purpose of the open and notorious requirement is to put the true owner on notice that someone else is laying claim to the property. Open and notorious possession is determined objectively and may be satisfied

• the true owner’s actual knowledge of the use

• use that would be apparent upon a reasonable inspection of the property, even if not actually known to the true owner

• use that is generally known to the community or to those who might be reasonably expected to tell the true owner

To acquire an easement by prescription, the homeowner’s use must be:

• short of full possession

• adverse or hostile

• open and notorious

• continuous and exclusive

• for the necessary period of time

to expressly grant an easement, one must use a written instrument signed by the grantor, unless one of the exceptions to the statute of frauds applies otherwise they have a

(a)  

A majority of jurisdictions absolutely forbid the reservation of easements in favor of third parties.

• True

• False

An instrument purporting to convey an easement must satisfy several formalities. It must:

• be signed by the grantor

• describe the particular rights conveyed with sufficient clarity that reasonable people can understand it

• describe a specific servient estate, which is in existence at the time of the conveyance

• describe the location of the easement

Answer explanation

is also useful for the deed to describe the purpose and scope of the easement and the dominant estate. It is not necessary to describe the location of the easement, as long as it is discernible from the circumstances, and the purpose and terms of the easement.

What type of easement does not have a dominant estate

• appurtenant

• in gross

• prescriptive

• by necessity

A durational limitation on an easement is a strong indication that the grantor did not intend for the easement to constitute an attribute of ownership of a dominant estate, and that the easement is therefore an easement in gross.

• True

• False

The majority of courts have ruled that easements in gross for personal or recreational use (and not otherwise for any use geared toward financial gain) cannot be assigned

• True

• False

Easements in gross for business or commercial use (i.e., use oriented toward financial gain) are virtually always assignable.

• True

• False

Profits a prendre are also always assignable, regardless of whether they are for personal/recreational use or business/commercial use.

• True

• False