AGEC 3713 EXAM 2 QUESTIONS WITH
COMPLETE ANSWERS
What is an Easement - ANSWER right to make limited use, but not possess, the right of
another
what are the different types of easements - ANSWER negative, appurtenant, in gross
Negative easement - ANSWER right to limit another's use of their land
appurtenant easement - ANSWER attached to the land
In gross easement - ANSWER attached to a personal, recreational, or economic benefit
Dominant estate - ANSWER estate receiving the benefit of the easement
servient estate - ANSWER estate that is burdened by the easement
how are easements created - ANSWER by express grant or reservation
express grant - ANSWER has to be in writing if it is going to last more than one year, or
it's just a license
reservation - ANSWER has to be in writing if it is going to last more than one year
what two things do a grant or reservation impy - ANSWER 1. dominant and servant
estate had to be owned by same parties
2. there was a strict necessity when the dominant and servant estates were severed
Prescription - ANSWER the law favors making land accessible and susceptible to
economic activity, so it will commonly grant access to landlocked parcels
adverse possession - ANSWER party uses an easement for so long that it is recognized
as a legal interest
how to terminate an easement - ANSWER set it for an expressed term of years
execute a release in writing
the necessity for it ends
the servant land is destroyed
merger
property is condemned
, what is a license - ANSWER a revocable right to make limited use of another's property
two ways to create a license - ANSWER express and implied
what is profit - ANSWER the right to enter someone else's land and take something with
you when you go
how to create a profit - ANSWER have to be affirmative
generally can't be transferred unless they are commercial in nature
cannot be created by implication
real covenants - ANSWER written agreements that either require an affirmative act or
omission on land
common place for real covenants are - ANSWER residential developments
Zoning - ANSWER result of a "comprehensive planning process" that attempts to create
a coordinated plan for how land in a given area will be used, and to coordinate those
uses with each other
common zoning classifications - ANSWER residential
commercial
industrial
infrastructure
resource
agricultural
exceptions to zoning scheme - ANSWER a use that exists when a zoning ordinance is
enacted that doesn't fit the zone that applies to it
nonconforming uses generally have to be either allowed to continue or be gradually
phased out
rural zoning - ANSWER for the most part OK doesn't have it
OK's largest counties can zone their rural areas
Other counties can have land use plans, but they have no power to enforce them
COMPLETE ANSWERS
What is an Easement - ANSWER right to make limited use, but not possess, the right of
another
what are the different types of easements - ANSWER negative, appurtenant, in gross
Negative easement - ANSWER right to limit another's use of their land
appurtenant easement - ANSWER attached to the land
In gross easement - ANSWER attached to a personal, recreational, or economic benefit
Dominant estate - ANSWER estate receiving the benefit of the easement
servient estate - ANSWER estate that is burdened by the easement
how are easements created - ANSWER by express grant or reservation
express grant - ANSWER has to be in writing if it is going to last more than one year, or
it's just a license
reservation - ANSWER has to be in writing if it is going to last more than one year
what two things do a grant or reservation impy - ANSWER 1. dominant and servant
estate had to be owned by same parties
2. there was a strict necessity when the dominant and servant estates were severed
Prescription - ANSWER the law favors making land accessible and susceptible to
economic activity, so it will commonly grant access to landlocked parcels
adverse possession - ANSWER party uses an easement for so long that it is recognized
as a legal interest
how to terminate an easement - ANSWER set it for an expressed term of years
execute a release in writing
the necessity for it ends
the servant land is destroyed
merger
property is condemned
, what is a license - ANSWER a revocable right to make limited use of another's property
two ways to create a license - ANSWER express and implied
what is profit - ANSWER the right to enter someone else's land and take something with
you when you go
how to create a profit - ANSWER have to be affirmative
generally can't be transferred unless they are commercial in nature
cannot be created by implication
real covenants - ANSWER written agreements that either require an affirmative act or
omission on land
common place for real covenants are - ANSWER residential developments
Zoning - ANSWER result of a "comprehensive planning process" that attempts to create
a coordinated plan for how land in a given area will be used, and to coordinate those
uses with each other
common zoning classifications - ANSWER residential
commercial
industrial
infrastructure
resource
agricultural
exceptions to zoning scheme - ANSWER a use that exists when a zoning ordinance is
enacted that doesn't fit the zone that applies to it
nonconforming uses generally have to be either allowed to continue or be gradually
phased out
rural zoning - ANSWER for the most part OK doesn't have it
OK's largest counties can zone their rural areas
Other counties can have land use plans, but they have no power to enforce them
