All flashcards
215 cards
41What is a common-interest community?
42What is a condominium?
43What is a cooperative?
44What is a planned unit development?
45Are restrictive covenants in a common-interest community generally enforceable?
46What is the standard of review for decisions made by a common-interest community association?
47In general, does the association in charge of a common-interest community have standing to sue to enforce the restrictive covenants that govern the community?
48In general, are the actions of a community association in a common-interest community subject to the constraints of the U.S. Constitution?
49What is an easement?
50What is an easement appurtenant?
51What is an easement in gross?
52What are the four basic purposes for which negative easements were permitted at common law?
53What is a profit a prendre?
54What is a license?
55A birdwatcher had a right explicitly granted through an express easement to enter a property owner’s land to view birds.Is this easement an easement appurtenant?
56What is an easement by express reservation?
57In most jurisdictions, may a grantor validly reserve an easement in favor of a third party—that is, someone who is not the grantor or the grantee?
58What is an easement by express grant?
59Is an express writing necessary to create a license?
60O owned a ranch in fee simple absolute. O subdivided the ranch into Blackacre and Whiteacre. In a written instrument, O conveyed Blackacre “to A, provided that A shall also receive a right of way over the gravel trail running along the southernmost border of Whiteacre, for purposes of ingress and egress to and from Blackacre.” Does this express easement satisfy the statute of frauds?
61Does a license arise in the wake of a failed attempt to grant an easement?
62What are the three basic requirements for an easement to be implied from prior use?
63For purposes of an easement implied from prior use, what is required for a use to be apparent?
64For purposes of an easement implied from prior use, what is required for a use to be continual?
65For purposes of an easement implied from prior use, what is required for a use to be sufficiently necessary or important?
66A landowner owned in fee simple absolute a parcel of land, which she subdivided into two parcels (parcel 1 and parcel 2). The landowner planned to convey parcel 1 to her brother and keep parcel 2 for herself. At the time of subdivision, parcel 1 included a gazebo and decorative koi pond accessible by a gravel road running across parcel 2. In the process of conveying parcel 1 to her brother, the landowner forgot to mention the brother’s ability to use the gravel road to access the gazebo and pond. Does this scenario meet the requirements for an easement implied from prior use?
68What is an easement by necessity?
69For purposes of implied easements, what is strict necessity?
70What is the navigable-waters rule?
71Generally, who selects the location of an easement by necessity?
72Does an easement by necessity terminate once the necessity giving rise to it ends?
73What is an easement implied from reference to a plat?
74What is a license coupled with an interest?
75What are the three elements of a prescriptive easement?
76Can an easement be terminated by prescription?
77In general, what is the scope of a prescriptive easement?
78A property abutted a park. Over the years, a neighbor obtained a prescriptive easement to cross the corner of the property on foot to reach the park. Recently, the neighbor claimed he was entitled to play soccer on the property, given his prescriptive easement. Can the neighbor’s prescriptive easement be interpreted broadly to cover his new use of the property?
79Absent contrary language, does the burden of maintaining an easement generally fall on the owner of the servient estate?
80In the context of easements, to what extent may the servient owner make use of the servient tenement?
81In general, may the servient owner use the easement or allow third parties to use it?