CH 5 Easements and Licenses
Acme Sign Company wants the right to erect a billboard sign on Farmer Jeff's property. Farmer Jeff and Acme agree that Acme can obtain a license to erect and use a billboard sign on Farmer Jeff's property for $10,000. They enter into a written license agreement and Acme pays Jeff $10,000. A year later Farmer Jeff decides he hates the sign and tells Acme that the license is terminated and the sign must be removed. Does Jeff have the legal right to do this? Explain your answer.
Acme acquired a license from Farmer Jeff to erect the sign. While a license is revocable at will by the person granting it, it becomes irrevocable if consideration is paid. The payment of $10,000 by Acme Sign Company made the license irrevocable. Farmer Jeff does not have the right to terminate the license.
Clark owns a parcel of land that adjoins a public highway. Kaylee owns a parcel of land behind Clark's. Although Kaylee's land has access to another public street, Kaylee would like to build a driveway over Clark's land to the highway. Clark is agreeable to granting Kaylee an easement for the driveway. What kind of easement would Kaylee have? Whose property would be referred to as the dominant tenement? Whose property would be referred to as the servient tenement?
Kaylee would have an express appurtenant driveway access easement. Kaylee's property would be referred to as the dominant tenement, the property benefited by the easement. Clark's property is the servient tenement, the property burdened by the easement. The easement is located on Clark's property for the benefit of Kaylee's property.
Generally, a license is revocable at any time.
true
The land benefited by an appurtenant easement is known as the: a. dominant tenement. b. servient tenement. c. prescriptive tenement. d. licensure.
a
A license is a(n) a. unlimited privilege. b. revocable privilege. c. perpetual privilege. d. limited privilege
b
An easement to an electric power company for the location of a high-tension electric power line across several owners' properties would generally be known as a(n): a. appurtenant easement. b. license. c. easement in gross. d. easement by necessity.
c
A license must always be written, but it is not required to be notarized.
false
Access easements are rights given to utility companies, such as gas, electric, and telephone companies, that permit them to install transmission line over real property.
false
An easement created by use of property without the permission of the owner is known as an implied easement.
false
Land on which an easement is located is known as the dominant tenement.
false
Property benefited by an easement is known as the servient tenement.
false
The grantee of an appurtenant easement is the owner of the real property over which the easement is located.
false
The grantor of an easement can convey an easement for a term that is longer than the grantor's ownership of the real property.
false
An easement can be terminated by abandonment of use.
true
An easement can be terminated by the express agreement of the parties.
true
An easement may be lost by the merger of the dominant and the servient tenements.
true
Implied easements are generally: a. appurtenant easements. b. written easements. c. easements in gross. d. licenses.
a
A foreclosure of a mortgage, which is recorded before the express grant of an easement on easement property, has the following effect upon the easement: a. no effect. b. converts the easement to a license. c. transfers the easement to the purchaser at the foreclosure sale. d. terminates the easement.
d
A landlocked owner who acquires an easement over a neighbor's property to gain access to a public road is generally thought to own: a. a prescriptive easement. b. an implied easement. c. a license. d. an easement by necessity.
d
Which of the following use(s) is/are required to obtain a prescriptive easement? a. Use is open b. Use is notorious c. Use is visible d. Use is adverse E. e. All of the above f. (A), (C), and (D) above
e
A license must always be written and notarized.
false
A license must be in writing.
false
A license is a consensual privilege.
true
A prescriptive easement, once created, is perpetual.
true
For which of the following purposes would a blanket easement most likely be granted? a. An easement allowing a neighbor access to a path to a shared lake b. An easement allowing a utility company to install and maintain service lines c. An easement allowing a neighbor to build a shared driveway d. An easement allowing a neighbor to use an access road
b
Prescriptive easements are created a. in connection with a conveyance of the real property being served by the easement. b. when a person uses property without the permission of the owner for a period of time. c. when a specific location of the easement is not given. d. by use of an express grant.
b
The termination of an easement when both the dominant and servient tenements are owned by the same person is known as: a. abandonment. b. forfeiture. c. merger. d. foreclosure.c
c
When an easement is reviewed on behalf of a purchaser or lender, the general objective is to a. determine if there are any liens that may affect the easement. b. determine if the easement is an implied easement. c. determine if the easement will interfere with the use or value of the property. d. determine if the easement is a blanket easement.
c
Which of the following events would not terminate an easement? a. Ownership of the dominant and servient tenement by the same owner b. Expiration of a fixed duration c. Failure to use the easement on a continuous basis d. Dedication of a private road easement to public use
c
Which of the following is NOT a method by which a license may be created? a. Implication b. In writing c. Adversely d. Orally
c
Which of the following is NOT one of the four methods by which an easement may be created? a. Necessity b. Prescription c. Inference d. Express grant
c
An easement created for the benefit of a particular tract of land is called a(n) a. beneficial easement. b. easement in gross. c. dominant easement. d. None of the answers is correct.
d
How is an appurtenant easement passed on when the dominant tenement is sold? a. Only through a written agreement b. Through an additional sale of land c. Only through an oral agreement d. Automatically
d
Once an implied easement is created, how long does it generally last? a. 30 days b. 10 to 20 years, depending on the state c. Until the land is sold d. Forever
d
The owner of parcel A grants to the owner of parcel B an easement to use a driveway located on parcel A. The owner of parcel B sells parcel B to X. The driveway easement: a. terminates. b. is transferred to X if described in the deed. c. is automatically transferred to X. d. none of the above.
d
A person who acquires a prescriptive easement may become an owner of the real property through adverse possession.
false
A prescriptive easement, once created, can never be terminated.
false
A prescriptive easement, once created, lasts only 20 years.
false
An easement that does not benefit a particular parcel of land is known as an appurtenant easement.
false
An easement that is created for the benefit of a particular tract of land is called an easement in gross.
false
An implied easement must be witnessed and notarized.
false
Appurtenant easements are not transferable.
false
Easements cannot be terminated by a tax foreclosure of the servient estate.
false
The land on which an easement is located is called the dominant easement.
false
Utility easements for cross-country high-tension electric power lines are generally appurtenant easements.
false
An easement created by use of property without the permission of the owner is known as a prescriptive easement.
true
An easement is considered an encumbrance on the real property on which the easement is located.
true
An easement may be granted only by the owner of real property on which the easement is located.
true
An easement may be made for any term or duration.
true
An easement that does not benefit a particular parcel of land is known as an easement in gross.
true
An easement that is created for the benefit of a particular tract of land is called an appurtenant easement.
true
An implied license is revocable at any time.
true
Appurtenant easements are transferable.
true
Consideration must be given in exchange for a valid express grant of easement.
true
Easement by necessity grants to a landowner a quasi-private right to condemn an adjoining owner's land for purposes of acquiring an access easement to a public street or road.
true
Implied easements are appurtenant easements.
true
Often a survey may be required to determine the exact location of an easement on the property.
true
Property benefited by an easement is known as the dominant tenement.
true
The grantee of an appurtenant easement is the owner of the real property benefited by the easement.
true
Utility easements are easements in gross.
true
A farm owner who gives a person permission to fish in his lake gives the person a(n): a. easement in gross. b. license. c. implied easement. d. easement by necessity.
b
A person buys a subdivision lot. The subdivision plat shows a number of streets in the subdivision. What kind of easement does the lot owner have to use these streets?
The owner of the lot would have an implied easement to use the streets. When streets are described on a subdivision plat, owners who buy lots in the subdivision have an implied easement to use the streets.
How is a license distinguishable from an easement? a. An easement is a property interest and a license is mere permission to perform a certain act b. A license is a property interest and an easement is mere permission to perform a certain act c. Generally, a license cannot be revoked by the grantor and an easement can be revoked d. None of the answers is correct.
a