Test Bank Answer Key
Chapter 5 Easements and Licenses
TRUE/FALSE
1. An easement that is created for the benefit of a particular tract of land is called an easement
in gross.
2. An easement that is created for the benefit of a particular tract of land is called an
appurtenant easement.
3. An easement that does not benefit a particular parcel of land is known as an
appurtenant easement.
4. An easement that does not benefit a particular parcel of land is known as an easement in gross.
5. Utility easements for cross-country high–tension electric power lines are generally
appurtenant easements.
6. Property benefited by an easement is known as the servient tenement.
7. Property benefited by an easement is known as the dominant tenement.
8. Land on which an easement is located is known as the dominant tenement.
9. An easement may be granted only by the owner of real property on which the easement
is located.
10. The grantee of an appurtenant easement is the owner of the real property benefited by
the easement.
11. The grantee of an appurtenant easement is the owner of the real property over which the
easement is located.
12. Appurtenant easements are not transferable.
13. Appurtenant easements are transferable.
14. An implied easement must be witnessed and notarized.
15. A prescriptive easement, once created, is perpetual.
16. A prescriptive easement, once created, lasts only 20 years.
17. An easement created by use of property without the permission of the owner is known as an
implied easement.
18. An easement created by use of property without the permission of the owner is known as a
prescriptive easement.
19. A prescriptive easement, once created, can never be terminated.
20. An easement may be lost by the merger of the dominant and the servient tenements.
21. An easement can be terminated by abandonment of use.
22. A license must always be written and notarized.
23. A license must always be written, but it is not required to be notarized.
24. Generally, a license is revocable at any time.
25. An easement can be terminated by the express agreement of the parties.
MULTIPLE CHOICE
1. The land benefited by an appurtenant easement is known as the.
A. dominant tenement.
B. servient tenement.
C. prescriptive tenement.
D. licensure.
2. An easement to an electric power company for the location of a high-tension electric power line
across several owners’ properties would generally be known as a(n)
A. appurtenant easement.
B. license.
C. easement in gross.
D. easement by necessity.
3. The owner of parcel A grants to the owner of parcel B an easement to use a driveway located
on parcel A. The owner of parcel B sells parcel B to X. The driveway easement
A. terminates.
B. is transferred to X if described in the deed,
C. is automatically transferred to X.
D. none of the above
4. A foreclosure of a mortgage, which is recorded before the express grant of an easement on
easement property, has the following effect upon the easement:
A. No effect
B. Converts the easement to a license
C. Transfers the easement to the purchaser at the foreclosure sale
D. Terminates the easement
5. Implied easements are generally
A. appurtenant easements.
B. written easements.
C. easements in gross.
D. licenses.
6. Which of the following is/are required to obtain a prescriptive easement?
A. Use be open
B. Use be notorious
C. Use be visible
D. Use be adverse
E. All of the above
F. (a), (c), and (d) above
7. A landlocked owner who acquires an easement over a neighbor’s property to gain access to a
public road is generally thought to own
A. a prescriptive easement.
B. an implied easement.
C. a license.
D. an easement by necessity.
8. The termination of an easement when both the dominant and servient tenements are owned by
the same person is known as
A. abandonment.
B. forfeiture.
C. merger.
D. foreclosure.
9. A farm owner who gives a person permission to fish in his lake gives the person a(n)
A. easement in gross.
B. license.
C. implied easement.
D. easement by necessity.
10. Which of the following events would not terminate an easement?
A. Ownership of the dominant and servient tenement by the same owner
B. Expiration of a fixed duration
C. Failure to use the easement on a continuous basis
D. Dedication of a private road easement to public use
SHORT ANSWER
1. Clark owns a parcel of land that adjoins a public highway. Kaylee owns a parcel of land behind
Clark’s. Although Kaylee‘s land has access to another public street, Kaylee would like to build
a driveway over Clark‘s land to the highway. Clark is agreeable to granting Kaylee an easement
for the driveway. What kind of easement would Kaylee have? Whose property would be
referred to as the dominant tenement? Whose property would be referred to as the servient
tenement?
2. A person buys a subdivision lot. The subdivision plat shows a number of streets in the
subdivision. What kind of easement does the lot owner have to use these streets?
3. Acme Sign Company wants the right to erect a billboard sign on Farmer Jeff’s property. Farmer
Jeff and Acme agree that Acme can obtain a license to erect and use a billboard sign on Farmer
Jeff’s property for $10,000. They enter into a written license agreement and Acme pays Jeff
$10,000. A year later Farmer Jeff decides he hates the sign and tells Acme that the license is
terminated and the sign must be removed. Does Jeff have the legal right to do this? Explain
your answer.