The Scope of Easements Self-Quiz

 

 

 

 

 

 

 

Red Baron buys an easement from George that allows Red to stay on George’ ranch for 2 months every summer to relax and sunbathe. During his first summer on the ranch, Red brings his twin engine Cessna and practices his take-offs and landings on the ranch. George brings an action against Red to force him to stop. Who will prevail?
Choice 1 Red, because he has an easement to use the ranch
Choice 2 Red, because he gave consideration to George for the easement
Choice 3 George, if the price of the easement was low enough so that it would be unfair to make George put up with all that noise
Choice 4 George, because Red’s takeoffs and landing are beyond the scope of his easement

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Red Baron buys an easement from George that allows Red to stay on George’ ranch for 2 months every summer and allows him to use George’s ranch to practice takeoffs and landings in his airplane. Twenty years later, Red purchases an airfield next to George’s ranch. George claims that the easement for his property is extinguished because Red no longer needs the easement since he has the airfield next door. Is George correct?
Choice 1 Yes
Choice 2 No

 

 

 

 

 

 

 

Rocky and Bullwinkle are neighbors in the state of Nirvana, which has an adverse possession statutory period of 20 years. Every day, for 22 years, Rocky walks across Bullwinkle’s property to access a street. One day, Rocky decides to set up a barbecue grill on Bullwinkle’s property on the path that he is used to walking on. Can he do so?
Choice 1 No; because setting up the grill there exceeds the scope of his easement
Choice 2 No; because Rocky did not gain an easement at all on Bullwinkle’s property
Choice 3 Yes; because Rocky gained an easement by prescription
Choice 4 Yes; because Bullwinkle would probably enjoy the smell of the barbecue meat cooking anyway, unless it’s moose meat

 

 

 

 

 

 

Marsha holds an express easement that allows her and the members of her household to use Greg’s swimming pool at any time that they want. Marsha has a husband and 3 children. One day, Bobby, Cindy and their 12 children and Peter, Jan and their 8 children all move into Marsha’s house. Does everyone have the right to swim in Greg’s pool?
Choice 1 Yes; because they are members of Marsha’s household
Choice 2 Yes; because that’s the risk Greg took by including such vague language in the easement agreement
Choice 3 No; because the others are not members of Marsha’s immediate family
Choice 4 No; because that would be widening the scope of the easement beyond what was originally intended
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