Introduction to Easements Self-Quiz

 

 

 

 

 

 

Joe and Vicky are neighbors. Joe and Vicky have agreed, in writing that Joe may cross over Vicky’s lawn to get to a street that is on the other side of her property. What interest does Joe have in Vicky’s property?
Choice 1 An easement appurtenant, because the interest and reason that Joe obtained the interest relates to the positions of the properties
Choice 2 An easement appurtenant, because every easement is presumed to be an easement appurtenant unless expressly agreed otherwise by the parties
Choice 3 An easement in gross, because it is Joe, and not Joe’s property, that holds the right to walk across Vicky’s lawn
Choice 4 An easement in gross, because every easement is presumed to be an easement in gross unless expressly agreed otherwise by the parties
Joe and Vicky are neighbors. Joe and Vicky have agreed, in writing that Joe may cross over Vicky’s lawn to get to a street that is on the other side of her property. Later, Joe sells his property to Aaron. May Aaron use Vicky’s property to access the street?
Choice 1 Yes; if Joe gave Vicky consideration for the creation of the easement
Choice 2 Yes; because an easement appurtenant runs with the land
Choice 3 No; because Vicky probably did not intend for Aaron to be able to cross over her property
Choice 4 No; because Joe still has the right to use Vicky’s property, and so allowing Aaron to do so also would widen the scope of the easement
Joe and Vicky are neighbors. Joe and Vicky have agreed, in writing that Joe may cross over Vicky’s lawn to get to a street that is on the other side of her property. Joe sells his property to Aaron. May Joe still walk over Vicky’s property if he so desires?
Choice 1 Yes; because Joe was the person who received the easement in the first place
Choice 2 Yes; if Joe gave Vicky consideration for the easement when it was originally transferred
Choice 3 No; because the right to the easement stays exclusively with the owner of the dominant tenement
Choice 4 No; because Aaron now has the right to use Vicky’s property, and so allowing Joe to do so also would widen the scope of the easement
Larry owns an easement in gross that allows him to play golf on the Lakeside golf course any time he wishes to. Larry lives 3 blocks away from the course, which makes it very convenient for him to walk to the course whenever he wants to play. Is his house considered the dominant tenement?
Choice 1 Yes
Choice 2 No
Batman orally conveys to Joker an easement that allows Joker to park his car in the Batcave. Is the oral conveyance enforceable?
Choice 1 No; because it violates the Statute of Frauds
Choice 2 Yes; because any easement is not considered an interest in property
Choice 3 Yes; because an easement in gross is not considered an interest in property
Choice 4 Yes; because Joker could die within a year, extinguishing the easement; thus, the transfer is not for an interest in real estate for one year or more
Superman conveys an easement in gross to Lex Luther that allows Luther to use the Hall of Justice suntan parlor any time he wants. Eventually, Luther learns that it’s unhealthy to lie in a suntan parlor and so he asks if any of his friends want his right instead. Luther’s friend, Paleface, tells Luther that he’s in need of a good tanning parlor. So, Luther conveys his easement in gross to Paleface. Is this conveyance effective?
Choice 1 Yes; because an easement is an interest in property, so it can be transferred
Choice 2 Yes; because in either case, it’s one person, so it’s not widening the scope of the easement
Choice 3 No; if there was not consideration for the easement being given to Luther
Choice 4 No; because this type of easement in gross cannot be transferred

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