Real Property II Final Exam, Barbri MBE questions, BUSI MC Lesson 2, Rights in Real Property -
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A property owner had a right-of-way easement over his neighbor's property. The right-of-way
was a small dirt road. The property owner did not use the easement for several years. The
neighbor claimed that the property owner had abandoned the easement.
Which fact, if true, would best support the neighbor's claim that the property owner had
abandoned his easement?
A. A new public road had opened that rendered the easement unnecessary.
B. The property owner had not maintained the easement, permitting it to become overgrown
with vegetation.
C. The property owner had told his neighbor that he was no longer using the easement.
D. The neighbor had dug a trench through the dirt road, making the easement unusable. B.
The property owner had not maintained the easement, permitting it to become overgrown
with vegetation.
Answer option B is correct. An easement may be terminated through abandonment. However,
an easement will never terminate through nonuse alone. Lindsey v. Clark, 193 Va. 522, 523
(1952). Abandonment requires nonuse coupled with "acts of circumstances clearly manifesting
an intention" to abandon the easement. Id. One such act is neglecting the easement so that it
falls into disrepair. Flanagan v. San Marcos Silk Co., 106 Cal. App.2d 458, 464 (1951).
Here, the property owner's failure to maintain the easement would best support the neighbor's
claim that the property owner had abandoned the easement.
Answer option A is incorrect because the existence of an alternative route will terminate an
easement by necessity, but will not support an argument for abandonment.
,Answer option C is incorrect because the property owner's statement that he was no longer
using the easement could support an argument that the easement had been released, but not
abandoned.
Answer option D is incorrect because the neighbor's obstruction of the easement would
support an argument that the easement had terminated through prescription, not
abandonment.
A woman owned a large parcel of property that she subdivided into two parcels. The woman
planned to keep the eastern parcel for herself and sell the western parcel. A gravel road on the
western parcel connected the eastern parcel to the public road. When the woman sold the
western parcel to a purchaser, the signed deed of conveyance stated that the western parcel
was being sold subject to a right-of-way easement for the eastern parcel to allow the occupant
of the eastern parcel access to the public road. The deed provided a description of both the
western and eastern parcels, but it did not specify the location of the easement.
What interest, if any, does the woman, as the owner of the eastern parcel, now have regarding
the western parcel?
A. The woman has a valid easement across the western parcel for access to the public road.
B. The woman has only a license to cross the western parcel, because the attempted crea A.
The woman has a valid easement across the western parcel for access to the public road.
Answer option A is correct. An instrument purporting to convey an easement must satisfy
several formalities. It must: (1) be signed by the grantor; (2) describe the particular rights
conveyed with sufficient clarity that reasonable people can understand it; and (3) describe a
specific servient estate, which is in existence at the time of the conveyance. 3 Tiffany Real Prop.
§ 776 (3d ed.). It is also useful for the deed to describe the purpose and scope of the easement
and the dominant estate. It is not necessary to describe the location of the easement, as long as
it is discernible from the circumstances, and the purpose and terms of the easement. Berg v.
Ting, 886 P.2d 564, 569 (Wash. 1995).
,Here, the woman's reservation of the easement satisfies all the requirements. It is signed,
adequately describes the nature of the easement as a right-of-way, and describes both the
servient and dominant estates. Although the deed does not specify the location of the
easement, the nature of the easement as a right-of-way and the existence of a private gravel
road on the western parcel are sufficient to allow a court to discern the easement's location.
Answer option B is incorrect because the creation of the easement does satisfy the
requirements. Generally, a failed creation of an easement will result in a license only when the
grant is oral and does not satisfy an exception to the statute of frauds. 3 Tiffany Real Prop. §
776.
Answer option C is incorrect because easements may be created by reservation. In a majority of
states, easements that benefit a third party cannot be created by reservation, but all states
allow easements by reservation in favor of the grantor herself. James E. Krier, Gilbert Law
Summaries: Property, p. 276 (18th
A man had a right-of-way easement over his neighbor's property. The man stopped using the
easement when the city opened a new road that directly connected to the man's property. The
neighbor installed a toolshed over the dirt path where the easement was located, preventing
use of the dirt path as a right-of-way. Although the neighbor installed the toolshed openly and
made no effort to conceal its existence, the man was unaware that his neighbor had blocked
the dirt path because he did not use the easement. Ten years after the neighbor installed the
toolshed, the man tried to use the easement and discovered that it was blocked and unusable.
The man sued the neighbor for obstructing his easement.
If a court finds that the easement was extinguished, what is the most likely grounds?
A. Abandonment.
B. Prescription.
C. Estoppel.
, D. Destruction. B. Prescription.
Answer option B is correct. Easements may be terminated several ways. One such manner of
termination is by prescription, which occurs when the owner of the servient estate acts
inconsistently with the easement, in a way that would only be lawful if the easement did not
exist, under circumstances satisfying the basic elements of adverse possession. Mueller v.
Hoblyn, 887 P.2d 500, 506 (Wyo. 1994).
Here, the elements of termination by prescription are likely met. The neighbor, as the owner of
the servient estate, acted in a manner inconsistent with the existence of the easement by
obstructing it with a toolshed. The obstruction of the easement was adverse to the rights of the
dominant estate, continuous, open and notorious, and for a length of time that would satisfy
the prescriptive period in most jurisdictions.
Answer option A is incorrect because a court will not find abandonment merely because of
nonuse, no matter how long it persists. Lindsey v. Clark, 193 Va. 522, 523 (1952). The owner of
the dominant estate must manifest an intent to abandon the easement. Id.
Answer option C is incorrect because estoppel will only apply when the servient estate owner
detrimentally changes his position, in reasonable reliance upon conduct by the easement
holder, which indicates that the easement holder is giving up the easement. Mueller, 887 P.2d
at 506. Here, the man did not do or say anything to the neighbor that would cause the neighbor
to reasonably believe that the man was giving up his right to the easement.
Answer option D is incorrect because termination by destruction only applies when the
easement attaches to a structure on the land, rather than the land itself, and the structure is
destroyed without fault of the servient owner. Rothschild v. Wolf, 20 Cal.2d 17, 21-22 (1942).
Here, the easement is fo
Owner 1 owns a house that conforms to all city building codes. Solar energy heats the house,
which requires unrestricted sunlight directly on the home. Owner 2 recently purchased the
adjacent unimproved lot and applied for a building permit to construct a three-story house
Multiple Choice Questions, prop questions| Questions with Correct Answers 100% Verified|
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A property owner had a right-of-way easement over his neighbor's property. The right-of-way
was a small dirt road. The property owner did not use the easement for several years. The
neighbor claimed that the property owner had abandoned the easement.
Which fact, if true, would best support the neighbor's claim that the property owner had
abandoned his easement?
A. A new public road had opened that rendered the easement unnecessary.
B. The property owner had not maintained the easement, permitting it to become overgrown
with vegetation.
C. The property owner had told his neighbor that he was no longer using the easement.
D. The neighbor had dug a trench through the dirt road, making the easement unusable. B.
The property owner had not maintained the easement, permitting it to become overgrown
with vegetation.
Answer option B is correct. An easement may be terminated through abandonment. However,
an easement will never terminate through nonuse alone. Lindsey v. Clark, 193 Va. 522, 523
(1952). Abandonment requires nonuse coupled with "acts of circumstances clearly manifesting
an intention" to abandon the easement. Id. One such act is neglecting the easement so that it
falls into disrepair. Flanagan v. San Marcos Silk Co., 106 Cal. App.2d 458, 464 (1951).
Here, the property owner's failure to maintain the easement would best support the neighbor's
claim that the property owner had abandoned the easement.
Answer option A is incorrect because the existence of an alternative route will terminate an
easement by necessity, but will not support an argument for abandonment.
,Answer option C is incorrect because the property owner's statement that he was no longer
using the easement could support an argument that the easement had been released, but not
abandoned.
Answer option D is incorrect because the neighbor's obstruction of the easement would
support an argument that the easement had terminated through prescription, not
abandonment.
A woman owned a large parcel of property that she subdivided into two parcels. The woman
planned to keep the eastern parcel for herself and sell the western parcel. A gravel road on the
western parcel connected the eastern parcel to the public road. When the woman sold the
western parcel to a purchaser, the signed deed of conveyance stated that the western parcel
was being sold subject to a right-of-way easement for the eastern parcel to allow the occupant
of the eastern parcel access to the public road. The deed provided a description of both the
western and eastern parcels, but it did not specify the location of the easement.
What interest, if any, does the woman, as the owner of the eastern parcel, now have regarding
the western parcel?
A. The woman has a valid easement across the western parcel for access to the public road.
B. The woman has only a license to cross the western parcel, because the attempted crea A.
The woman has a valid easement across the western parcel for access to the public road.
Answer option A is correct. An instrument purporting to convey an easement must satisfy
several formalities. It must: (1) be signed by the grantor; (2) describe the particular rights
conveyed with sufficient clarity that reasonable people can understand it; and (3) describe a
specific servient estate, which is in existence at the time of the conveyance. 3 Tiffany Real Prop.
§ 776 (3d ed.). It is also useful for the deed to describe the purpose and scope of the easement
and the dominant estate. It is not necessary to describe the location of the easement, as long as
it is discernible from the circumstances, and the purpose and terms of the easement. Berg v.
Ting, 886 P.2d 564, 569 (Wash. 1995).
,Here, the woman's reservation of the easement satisfies all the requirements. It is signed,
adequately describes the nature of the easement as a right-of-way, and describes both the
servient and dominant estates. Although the deed does not specify the location of the
easement, the nature of the easement as a right-of-way and the existence of a private gravel
road on the western parcel are sufficient to allow a court to discern the easement's location.
Answer option B is incorrect because the creation of the easement does satisfy the
requirements. Generally, a failed creation of an easement will result in a license only when the
grant is oral and does not satisfy an exception to the statute of frauds. 3 Tiffany Real Prop. §
776.
Answer option C is incorrect because easements may be created by reservation. In a majority of
states, easements that benefit a third party cannot be created by reservation, but all states
allow easements by reservation in favor of the grantor herself. James E. Krier, Gilbert Law
Summaries: Property, p. 276 (18th
A man had a right-of-way easement over his neighbor's property. The man stopped using the
easement when the city opened a new road that directly connected to the man's property. The
neighbor installed a toolshed over the dirt path where the easement was located, preventing
use of the dirt path as a right-of-way. Although the neighbor installed the toolshed openly and
made no effort to conceal its existence, the man was unaware that his neighbor had blocked
the dirt path because he did not use the easement. Ten years after the neighbor installed the
toolshed, the man tried to use the easement and discovered that it was blocked and unusable.
The man sued the neighbor for obstructing his easement.
If a court finds that the easement was extinguished, what is the most likely grounds?
A. Abandonment.
B. Prescription.
C. Estoppel.
, D. Destruction. B. Prescription.
Answer option B is correct. Easements may be terminated several ways. One such manner of
termination is by prescription, which occurs when the owner of the servient estate acts
inconsistently with the easement, in a way that would only be lawful if the easement did not
exist, under circumstances satisfying the basic elements of adverse possession. Mueller v.
Hoblyn, 887 P.2d 500, 506 (Wyo. 1994).
Here, the elements of termination by prescription are likely met. The neighbor, as the owner of
the servient estate, acted in a manner inconsistent with the existence of the easement by
obstructing it with a toolshed. The obstruction of the easement was adverse to the rights of the
dominant estate, continuous, open and notorious, and for a length of time that would satisfy
the prescriptive period in most jurisdictions.
Answer option A is incorrect because a court will not find abandonment merely because of
nonuse, no matter how long it persists. Lindsey v. Clark, 193 Va. 522, 523 (1952). The owner of
the dominant estate must manifest an intent to abandon the easement. Id.
Answer option C is incorrect because estoppel will only apply when the servient estate owner
detrimentally changes his position, in reasonable reliance upon conduct by the easement
holder, which indicates that the easement holder is giving up the easement. Mueller, 887 P.2d
at 506. Here, the man did not do or say anything to the neighbor that would cause the neighbor
to reasonably believe that the man was giving up his right to the easement.
Answer option D is incorrect because termination by destruction only applies when the
easement attaches to a structure on the land, rather than the land itself, and the structure is
destroyed without fault of the servient owner. Rothschild v. Wolf, 20 Cal.2d 17, 21-22 (1942).
Here, the easement is fo
Owner 1 owns a house that conforms to all city building codes. Solar energy heats the house,
which requires unrestricted sunlight directly on the home. Owner 2 recently purchased the
adjacent unimproved lot and applied for a building permit to construct a three-story house
