All flashcards
215 cards
82Is the scope of an express easement generally governed by the parties’ intent, as indicated in the instrument creating the easement?
83In general, if an easement is implied from prior use, to what extent may the owner of the dominant tenement use the servient tenement?
84In general, to what extent may the holder of an easement by necessity use the servient tenement?
85May an easement appurtenant be used in connection with a parcel other than the dominant tenement?
86In general, may the easement holder use the easement in a way that is materially different from what the parties reasonably anticipated at the easement’s creation?
87In general, may an easement holder make improvements to the easement?
88In general, may the easement holder or the servient tenement’s owner change the location or dimensions of the easement without the other’s consent?
89What does it mean for an easement holder to divide the easement?
90What is an exclusive easement in gross?
91In most jurisdictions, is an exclusive easement in gross divisible?
92In most jurisdictions, is a nonexclusive easement in gross divisible?
93In general, what is the scope of a valid license?
94What is a profit a prendre?
95What is the difference between an exclusive profit a prendre and a nonexclusive profit a prendre?
96A college student held an exclusive easement to swim in her neighbor’s pond.Does the student’s exclusive easement permit her to allow others, who are not co-holders of the easement, to swim in the neighbor’s pond?
97What is a license?
98In general, is a license alienable?
99At common law, were easements in gross alienable?
100If the dominant tenement is subdivided, may each owner of a subdivided parcel claim the benefit of an easement appurtenant?
101May the dominant tenement’s owner sever the benefit of an easement appurtenant and transfer it independently, retaining ownership of the dominant tenement?
102A landowner owned a property in fee simple absolute and also possessed an express easement appurtenant to use the driveway on his neighbor’s land, which abutted the landowner’s property. The landowner conveyed his property to his son, but forgot to mention the easement to use the neighbor’s driveway. No other form of notice of the easement was available to the son. Was the express easement extinguished when the land was conveyed to the son?
103What four elements must be satisfied for an easement to be extinguished by estoppel?
104Does an easement created by necessity alone terminate when the necessity ends?
105If the government condemns the servient tenement by eminent domain, does the easement terminate?
106Can an easement holder expressly release an easement by a written instrument?
107Under what circumstances does an easement terminate by abandonment?
108In general, what is misuse of an easement?
109In general, does misuse terminate an easement?
110If an easement burdens only a structure on land, not the land itself, under what circumstances does the structure’s destruction terminate the easement?
111A homeowner owned a house that was accessible only by an external elevator attached to an adjoining building on a neighbor’s property. The homeowner held an express easement enabling her to use the elevator to access her house. By no fault of the neighbor’s, the building and external elevator on the neighbor’s property burned to the ground during a fire. The neighbor rebuilt the structure and elevator after the fire. The homeowner’s and neighbor’s properties were in a jurisdiction applying the majority rule pertaining to the termination of easements. Does the homeowner have an easement allowing her to use the rebuilt elevator?
112In general, does a license terminate if either the licensee or the licensor dies?
113In general, is a license revocable at the licensor’s will?
114In some jurisdictions, is a contractual license for valuable consideration irrevocable for any length of time?
115What are the requirements for a license to be irrevocable by estoppel?
116If licensed property is transferred, as by sale or gift, what is the effect on the license?
117What is a fixture?
118In general, are buildings on land deemed to be fixtures?
119Are courts generally more likely to find that a chattel is intended to be a permanent part of the real property if the fee simple owner is the one to annex the chattel to it?
120What does it mean to say that chattel is actually annexed to real property?
121What does it mean to say that chattel is constructively annexed to real property?