15.4

Question 1

Easements are a type of ___

Answer 1

encumbrance

Question 2

An encumbrance is a ___ interest in real property.

Answer 2

nonpossessory

Question 3

T/F: Liens are also a type of encumbrance.

Answer 3

True

Question 4

liens are a ____ encumbrance

Answer 4

Financial

Question 5

Liens ____ (do or do not) directly affect the use of the property

Answer 5

Do not

Question 6

Easements are a ____ encumbrance

Answer 6

Nonfinancial

Question 7

____ not only encumber title but also affect use of the property.

a) liens
b) easements

Answer 7

Easements

Question 8

___ limits owners use of his property

Answer 8

Restrictive covenant

Question 9

____ allows someone else to use the owners property

Answer 9

Easement

Question 10

Restrictive covenants are a ___ encumbrance

Answer 10

Nonfinancial

Question 11

The key difference between easements and restrictive covenants is that a(n) ___ gives someone else the right to use a landowner’s property, while a(n) ____ limits how the landowner may use his own property

Answer 11

Easement

Restrictive covenant

Question 12

____ might limit what types of additions an owner can put on his house, or even dictate what colors he can paint the house.

Answer 12

Restrictive covenants

Question 13

profit (or profit à prendre) is a type of ___ encumbrance

Answer 13

Nonfinancial

Question 14

A ___ gives someone the right not only to enter a property, but to take something of value from it, such as timber or minerals.

Answer 14

Profit

Question 15

T/F: The same legal rules that apply to easements also apply to profits

Answer 15

True

Question 16

There are two categories of easements:
1)
2)

Answer 16

1) appurtenant easements (aka easements appurtenant)

2) easements in gross.

Question 17

The main difference between the 2 categories of easements is that ___ are tied to ownership of a particular property, while ___ are not.

Answer 17

appurtenant easements

easements in gross

Question 18

rights that go along with ownership of real property = ____

Answer 18

Appertenances

Question 19

right that is part of the ownership of a particular property= ____

Answer 19

Appurtenant easement

Question 20

_____ easement encumbers, or burdens, one property for the benefit of another property.

Answer 20

Appurtenant

Question 21

____ tenement = Land that has been affected by the easement

Answer 21

Dominant

Question 22

____ tenement = Land that is burdened by the easement

Answer 22

Servient

Question 23

____ = Refers to the land and all the rights that go with it

Answer 23

Tenement

Question 24

The owner of the dominant tournament is the dominant ___

Answer 24

Tenant

Question 25

Ingress and egress means ___ and ___

Answer 25

Entering

Exiting

Question 26

What happens to the easement if the dominant or servient tenement is transferred to another owner (sold, given away, or inherited)?
Why?

Answer 26

the easement remains in place

Appurtenant easements run with the land

Question 27

When the dominant or servicing tenement is transferred to a new owner, the benefit or the burden of the easement is transferred to ___

Answer 27

The new owner

Question 28

T/F: The easement rights can’t be sold separately from the land; whoever owns the dominant tenement will also own the easement.

Answer 28

True

Question 29

____ is an easement that benefits a person or company, instead of a property.

Answer 29

Easement in gross

Question 30

Unlike a(n) ___, there is no dominant tenement when it comes to THIS easement, only a dominant tenant who benefits from the right to use someone else’s property.

Answer 30

appurtenant easement

Easement in gross

Question 31

With easements in gross, even though there is no dominant tenement, There is still a burdened property, the servient tenement, which is owned by the ___ tenant.

Answer 31

Servient

Question 32

T/F: While ownership of an easement in gross doesn’t run with the land, the burden might run with the land

Answer 32

True

Question 33

T/F: Depending on the circumstances, if the servient tenant sold their property, the new owners might still be required to allow the dominant tenant to come and fish in the pond.

Answer 33

True

Question 34

Whether an easement is appurtenant or in gross depends on the ___ of the parties and the __ under which the easement was created.

Answer 34

Intentions

Circumstances

Question 35

T/F: If the easement was created by deed, the deed should make it clear whether the easement was in gross or appurtenant.

Answer 35

True

Question 36

What are the two types of easements in gross

Answer 36

1) personal

2) commercial

Question 37

If the easement in gross is held by a person, it is considered __.

Answer 37

Personal

Question 38

Mr. Foster’s right to fish in the Romanos’ pond is an example of what type of easement in gross

Answer 38

Personal

Question 39

T/F: Unlike in many states, in California, however, a personal easement in gross may be assignable, transferable, and inheritable.

Answer 39

True