The Creation of Easements Self-Quiz







Joe always uses his backyard to walk through to access a small shed where he keeps his garden tools. One day, he leases his back yard to Mike. Joe wants to continue to use the path. What is his best legal argument that he should still be able to use the path?
Choice 1 Joe retained an express easement by reservation
Choice 2 Joe retained an implied easement based on prior use
Choice 3 Joe retained an implied easement based on necessity
Choice 4 Joe retained an easement by prescription
Ralph owns an apartment. He rents out one of the bedrooms to Norton. In order to get from that bedroom to the door, one must cross the living room in the apartment. After the contract is signed and Norton moves in, Norton realizes this problem and asks Ralph about it. Ralph responds that he’ll gladly allow Norton to walk through his living room to leave… for an extra $25 per month. Norton argues that he inherently has the right to walk through the living room anyway. Is he correct?
Choice 1 Yes; because he received an implied easement based on necessity
Choice 2 Yes; because he received an easement by prescription
Choice 3 No; because Ralph is offering a reasonable method to acquire the easement he needs in any case
Choice 4 No; because no mention of the easement was made in the lease deal
Barney and Fred are neighbors. For 30 years, every day, Fred walks across Barney’s property to access a street on the other side of Barney’s property. After 30 years, Barney puts up a barrier that prevents Fred from walking across the land. Fred claims that he has obtained an easement by prescription to walk across Barney’s property. Barney claims that Fred has not obtained an easement by prescription because he never excluded Barney from any property. Is Barney correct?
Choice 1 Yes
Choice 2 No
Which of the following is true of an express reservation creating an easement?
Choice 1 It can be created by implication
Choice 2 It can be acquired by prescription
Choice 3 It must be acquired through language in the conveyance instrument
Choice 4 It expires when its usefulness runs out

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