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Exam 4: Nonpossessory Interests in Real Estate

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Question 51

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For purposes of an implied easement, apparent use means visible use.

A) True
B) False

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Question 52

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​Jennifer grants an access easement to Cynthia across her property. -The easement lasts only as long as Cynthia needs it.

A) True
B) False

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Question 53

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​Jennifer grants an access easement to Cynthia across her property. -Jennifer has created an easement by necessity.

​Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey. -If an easement is created by a conveyance:

​Otis Olson, the owner of two adjoining city lots, A and B, built a house on each. He laid a drainpipe from lot B across lot A to the main sewer pipe under the alley beyond lot A. Olson then sold and conveyed lot A to Fred Ford. The deed, which made no mention of the drainpipe, was promptly recorded. Ford had no actual knowledge or notice of the drainpipe, although it would have been apparent to anyone making an inspection of the premises, having been only partially imbedded. Later, Olson sold and conveyed lot B to Luke Lane. This deed, which likewise made no reference to the drainpipe, was also promptly recorded. A few weeks thereafter, Ford discovered the drainpipe across lot A and removed it. Did Ford have the right to do so?

In an express easement by reservation, the original land owner retains that portion of the property through which the easement passes.

If tree roots from the tree located on the landowner's land interfere with the pipe placed in an easement in gross, then the dominant tenement can require that the tree be removed from the landowner.

Hal Divelbiss owned a corner lot located next to an elementary school. Children from the neighborhood cut across the lot diagonally as they were walking to school. The children did so with such frequency that there was a visible path across Hal's property. The children had been using the path since the school opened in 1971. On December 1, 2000, Hal placed a fence around the perimeter of the lot and the children could no longer use their well-established short cut. Hal:

Profits are easements with a right of removal.

A neighbor who permits other neighbors to use his swimming pool:

An accessway is an affirmative appurtenant easement.

The Axlerods own a landlocked tract of land. When they bought it from the Bonhams, who owned the full tract, they did not obtain an easement.

List the ways a landowner can stop the acquisition of an easement by prescription.

If the grantor needs to retain a right of way, the deed should create:

A public utility easement is an easement appurtenant.

​In constructing the railroads in the United States, thousands of landowners granted the federal government easements for the placement of railroad tracks. As rail travel declined, many of the routes were no longer used. Many of the railroad tracks were dismantled formally by cities and towns and many were dismantled informally by those seeking to utilize the iron from the tracks and the wooden ties. In some cases, the tracks were turned into bicycle paths that have served recreational and commuter needs. -Assume the easements were granted solely for railroad tracks. Which of the following is correct?

​Nicholas Sharp and Barry and Rhonda Downey own adjacent tracts of land in Howard County, Maryland. Their two adjacent lots were a single tract of land owned by Jack Ryan, Inc., the corporate alter ego of John E. Ryan. On February 20, 1996, Ryan divided the tract by deed, creating Lot 1 and Lot 2. Ryan then conveyed Lot 1 to Pamela Jekel. On the same date as the conveyance of Lot 1, Ryan and Jekel executed an easement instrument which gave Ryan access to his Lot 2 over the existing Jeep trail located on Lot 1. Jack Ryan ended up married to Pamela Jekel and conveyed his lot to Nicholas Sharp. Pamela Jekel Ryan conveyed her lot to Barry and Rhonda Downey. -Which tract of land would the easement and rights pass through?

X owns an easement in Y's property that permits X to operate his factory so that polluted air can travel over Y's property. X's easement is an example of:

A sewer system cannot arise into an easement by necessity because it is not apparent.

A tenant who is given a right to use a swimming pool in a building located next to his apartment building: