Ch 15 Summaries

Question 1

A ___ is an unlawful entry onto another person’s land.

It is a violation of the landowner’s right to exclusive possession

Answer 1

Trespass

Question 2

A landowner in California may be liable for injuries suffered by a person on his property, whether the injured person was there legitimately or was trespassing.

Answer 2

Premises liability

Question 3

A(n) ____ is a dangerous object or condition that may be particularly attractive to children.
L

Answer 3

attractive nuisance

Question 4

T/F: Specific rules for attractive nuisances are no longer needed, since premises liability now protects trespassers

Answer 4

True

Question 5

A ___ is any activity or conduct that substantially interferes with an owner’s use and enjoyment of her property.
It may be public or private, depending on how many people it affects.

Answer 5

nuisance

Question 6

Many nuisances are designated by statute, local ordinance, or court cases as nuisances per se.

A neighbor may sue over a nuisance per se even if there is no proof of injury or damage.

Answer 6

Nuisance per se

Question 7

A trespasser may obtain title to property owned by someone else, if he occupies it for a sufficiently long period of time and meets other requirements.

Answer 7

Adverse possession

Question 8

Adverse possession is under____ if the adverse possessor has a forged or otherwise invalid deed and believes in good faith that she is the true owner of the property.

Answer 8

color of title

Question 9

_____ means that an adverse possessor does not have color of title, but intends to claim ownership of the property anyway.

Answer 9

Claim of right

Question 10

For claim of right, The adverse possessor’s actions must demonstrate intent to ___

Answer 10

claim ownership.

Question 11

An adverse possessor must give___ notice to the landowner of his possession.
Requirement:

Answer 11

Constructive

Actually, open, and notorious

Question 12

The adverse possessor’s presence may not be ___; he needs to take actual possession and openly engage in activities, such as building improvements or growing crops.

Requirement: ___

Answer 12

Actual, open, and notorious

Question 13

Exclusive and hostile session requirement:

An adverse possessor’s occupation of the land must be ___ to the landowner’s interests and in ___ of her rights.

Answer 13

Adverse

Disregard

Question 14

Exclusive and hostile possession requirement:

The rightful owner may defeat an adverse possessor’s claim by giving the possessor___

Answer 14

permission to be there

Question 15

In California, an adverse possessor must occupy the property for ___ years, without interruption by the true owner.

Requirement: ___

Answer 15

5

Continuous and uninterrupted possession

Question 16

If several adverse possessors in a row occupy a property, their periods of possession may be added together to make up the required five years.
This is called ____

Answer 16

Tacking

Question 17

An adverse possessor must have paid property taxes and ____ on the property for the entire ___-year period that’s required.

Answer 17

assessments

5

Question 18

A/an _______________ benefits a particular piece of land.

Answer 18

Appurtenant easement

Question 19

The _______________ is the land burdened by an easement.

Answer 19

Servient tenement

Question 20

An easement _______________ if its benefit or burden transfers along with the land.

Answer 20

Runs with the land

Question 21

A/an _______________ belongs to an individual or a commercial entity, instead of a specific property.

Answer 21

Easement in gross

Question 22

A right-of-way is also known as an easement for _______________.

Answer 22

Ingress and egress

Question 23

An easement in gross does not have a/an ___

Answer 23

Dominant tenement