Ch 15 Quizzes

Question 1

T/F: Trespass can be the basis for a lawsuit even if no physical damage to property results.

Answer 1

True

Trespass is considered actionable per se, which means that the act itself is wrong and can be the basis for a lawsuit, even if no physical damage occurs.

Question 2

Willful trespasses may result in criminal penalties.

Answer 2

True

Criminal trespass is generally a misdemeanor

Question 3

A trespasser can’t be prosecuted unless the landowner posted a “no trespassing” sign

Answer 3

False

Signs and fences tend to discourage trespassers, but they are not required for legal protection against trespass.

Question 4

A property owner may be liable to a trespasser if the trespasser is injured by conditions on the property

Answer 4

True

Premises liability means that if the injury resulted from the landowner’s negligence, the landowner is liable.

Question 5

An unfenced swimming pool may be an attractive nuisance

Answer 5

True

Question 6

T/F: Trespass is a violation of the landowner’s right to use and enjoyment of the property.

Answer 6

False

Trespass violates the landowner’s right to exclusive possession of the property.

Question 7

A suit for removal or cessation of a nuisance is known as a(n) action.

Answer 7

abatement

The court may order the nuisance to be removed or stopped, or may allow it to continue as a permanent nuisance and require the payment of damages.

Question 8

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

Answer 8

Tacking

Question 9

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

Answer 9

5

Question 10

An easement is a nonfinancial encumbrance that allows a person to use a part of a property belonging to someone else for a specific purpose.

Answer 10

Easement

Question 11

A(n) is one that burdens a particular property for the benefit of another property, such as the right to cross a property to reach a neighboring property.

Answer 11

appurtenant easement

Appurtenant easements run with the land.

Question 12

The property that benefits from an easement is the dominant ___ ; it’s owner is the dominant ___

Answer 12

tenement

Tenant

Question 13

The property that is burdened by an easement is the___ tenement; it’s owner is the ____ tenant

Answer 13

Servient

Servient

Question 14

In an _____ There is a ___ tenement, but only a ___ tenant, without a dominant tenement

Answer 14

Easement in gross

servient
Dominant

Question 15

To obtain a prescriptive easement, a trespasser must have used the landowner’s property continuously for ___ years, in a manner that is open and notorious and hostile to the owner’s interest.

Answer 15

5

Question 16

The owner of a ___ tenement generally has no duty to maintain an easement across his property for the___ tenant’s benefit.

Answer 16

servient

Dominant

Question 17

Other than prescriptive easements may be considered abandoned if there is clear intent (such as a written statement or construction of a fence) or after ___ years of non-use.

Answer 17

20

Question 18

If a servient tenant continuously prevents an easement holder from using an easement for five years, the easement is terminated by ____.

Answer 18

Prescription

Question 19

Unlike an easement, a license is___, not assignable, does not run with the land, and doesn’t encumber the property owner’s title.

Answer 19

Revocable

Question 20

T/F: Landowners are liable for the discharge of water from man-made sources that causes damage to a neighbor’s property, even if the discharge was accidental.

Answer 20

True

Water from man-made

Question 21

T/F: In California, an upper landowner is not liable for damage to downhill properties caused by natural runoff.

Answer 21

True

Question 22

T/F: in CA, if an upper landowner diverts surface water onto a neighbor’s property, he is liable for damages, so long as the lower landowner acted reasonably in trying to avoid the harm.

Answer 22

True

Question 23

What type of easement belongs to a person or a company, rather than to a property.

Answer 23

easement in gross

Question 24

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 24

color of title

Question 25

A(n) ____ is any object or structure that extends over a property’s boundary line onto a neighbor’s land. It may be treated as either a nuisance or a trespass, depending on its nature.

Answer 25

encroachment

Question 26

Private vs public nuisance

Answer 26

A public nuisance affects an entire community or neighborhood.
A private nuisance affects only one person or a few neighbors.

Question 27

A(n) ___ is any activity or conduct that interferes with a neighboring owner’s use and enjoyment of her property, or with the general welfare of the community

Answer 27

Nuisance

Question 28

T/F: Nuisances may be public or private.

Answer 28

True

Question 29

In a lawsuit over an encroachment, a property owner must demonstrate that the encroachment caused damage.

Answer 29

False

The property owner needs to show only that the encroaching structure or object extends over the legal boundary line, without any legal right or the owner’s consent.

Question 30

Activities that are specifically authorized by statute or ordinance won’t be considered nuisances.

Answer 30

True

Statutes may specifically declare an activity to be a nuisance or, alternatively, authorize an activity that might otherwise be considered a nuisance.

Question 31

A particular problem will be either a nuisance or a trespass, but not both.

Answer 31

False

An activity will qualify as both a nuisance and a trespass if the activity interferes with the exclusive possession of the property as well as its use and enjoyment.

Question 32

A fire hazard is a nuisance per se.

Answer 32

True

Fire hazards are among a group of activities declared by law to be nuisances. Per se nuisances are actionable even without any evidence of injury or harm.

Question 33

If abatement is too expensive, a court may declare a problem a permanent nuisance.

Answer 33

A permanent nuisance may be allowed to continue if abatement would be unreasonably expensive or cause unreasonable hardship. The party responsible for the nuisance will be required to pay damages.

Question 34

An adverse possessor may file a ___ in order to formally secure title to the property she has been occupying for a long time.

Answer 34

quiet title action

Question 35

Why have the courts accepted adverse possession?

Answer 35

They want to encourage productive use of property

Question 36

The five requirements an adverse possession in CA must be able to prove in court:

Answer 36

Possession of the property under:
1) claim of right or 2) color of title
And possession which is
3) actual 4) open & 5) notorious

Question 37

The 5 Requirements and adverse possession must prove in court include Possession that is exclusive and hostile to the owner and uninterrupted for __ years

Answer 37

5

Question 38

The adverse possessor must have paid all property taxes during those __ years

Answer 38

5

Question 39

Claim of right vs color of title

Answer 39

• Claim of right: Possesso doesn’t necessarily believe she owns the land
• Color of title: Sister has a good faith reason to believe she owns the land, even though she doesn’t

Question 40

A person with _______________ has a good faith belief that he owns the land, even though he doesn’t.

Answer 40

Color of title

Question 41

Sharing possession of the property with its true owner would mean that possession was not _______________.

Answer 41

Exclusive and hostile

Question 42

The _______________ possession requirement is intended to give constructive notice to the true owner that someone is occupying the property.

Answer 42

Open and notorious

Question 43

The principle of _______________ allows consecutive periods of adverse possession by different people to be added together.

Answer 43

Tacking

Question 44

Someone claiming adverse possession under _______________ would receive only the part of the property she actually used, not the entire property.

Answer 44

Claim of right

Question 45

T/F: An implied easement can be created by recording a plat map

Answer 45

False
A plat map creates an express easement for purchasers in the subdivision to use the roads and common areas shown on the map.

Question 46

T/F: an easement by prescription must be open and notorious, and hostile to the true owner.

Answer 46

True

Note: Several of the requirements for an easement by prescription are quite similar to adverse possession.

Question 47

T/F: The general public may gain an easement by implied dedication.

Answer 47

True

If members of the public steadily use a property, this may lead to a prescriptive easement by implied dedication.

Question 48

T/F: A landlocked parcel may receive an easement by necessity.

Answer 48

True

An easement by necessity is created when it is essential for the use and enjoyment of the property, such as access to a public road.

Question 49

T/F: Individuals may acquire an easement over government property by dedication.

Answer 49

False

Government property is not subject to prescriptive easements or adverse possession.

Question 50

T/F: Express easements may be created by grant or reservation

Answer 50

True

Whether an easement is an express grant or express reservation depends on whether the easement benefits the property being retained or the property being transferred.

Question 51

A written agreement to terminate an easement is called a release.

Answer 51

True

A release is a written document in which the parties mutually agree to terminate an easement. A release should be recorded.

Question 52

When the owner of the dominant property also becomes the owner of the servient property, the easement is terminated by merger

Answer 52

True

Termination of the easement by merger occurs when the need for the easement no longer exists.

Question 53

T/F: If an easement is created by necessity, legal steps must be taken to terminate the easement when the necessity ends.

Answer 53

False

If an easement is created by necessity, the easement automatically terminates once the necessity disappears.

Question 54

Non-use of an easement is generally not sufficient to demonstrate that the easement has been abandoned.

Answer 54

True

Except for prescriptive easements, a typical easement is not considered abandoned unless there is a clear, direct expression of intent to abandon the easement. (However, extremely long abandonment, 20 years or more, may indicate intent to abandon.)

Question 55

T/F: Like an easement, a license creates an interest in another’s property.

Answer 55

False

Like an easement, a license grants permission to enter another’s property for a specific purpose, but it does not create an interest in the premises.

Question 56

A servient tenant is required to take care of any easement maintenance or repair.

Answer 56

FAlse

As a general rule, the servient tenant has no duty to maintain or repair an easement.

Question 57

Maintenance agreements for a shared road run with the land.

Answer 57

Maintenance agreements apply only to the current owners, although the easement would still exist after a transfer of ownership.

Question 58

Most easements do not have a termination date

Answer 58

True

Although the deed creating an easement can provide for a termination date, most easements are indefinite in duration.