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?
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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?
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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?
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Which of the following is
true of an express reservation creating an easement?
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