Easements and Profits: Master the Fundamentals of Land Law

Question 1

Which of the following is NOT a defining characteristic of a profit?

Accepted Answer

It is always appurtenant to land

Answer

It grants the right to take something from the servient land

Answer

It can be established by prescription

Answer

It is generally less permanent than an easement

Question 2

Identify the option that does not represent a type of easement.

Accepted Answer

Right to park

Answer

Right of way

Answer

Right to light

Answer

Right to water

Question 3

Which of the following methods is NOT used to create an easement?

Accepted Answer

Adverse possession

Answer

Express grant

Answer

Prescription

Answer

Implication

Question 4

What is the key difference between an easement and a profit?

Accepted Answer

An easement provides a right to use land, while a profit provides a right to take something from the land.

Answer

A profit provides a right to use land, while an easement provides a right to take something from the land.

Answer

There is no distinction between an easement and a profit.

Answer

An easement is a permanent interest in land, while a profit is a temporary interest in land.

Question 5

What is the fundamental distinction between an easement and a profit?

Accepted Answer

An easement grants a right to use land, while a profit grants a right to take something from land.

Answer

An easement is created by express grant, whereas a profit is created by implication.

Answer

An easement is a positive right, while a profit is a negative right.

Answer

There is no meaningful distinction between an easement and a profit.

Question 6

To establish an easement by prescription, what elements must be satisfied?

Accepted Answer

Open, notorious, continuous, adverse, and exclusive use for a minimum of 20 years.

Answer

Open, notorious, continuous, exclusive use for a minimum of 10 years.

Answer

Open, continuous, exclusive use for a minimum of 20 years.

Answer

Open, notorious, continuous, and exclusive use for a minimum of 10 years.

Question 7

What is the effect of uniting the ownership of the dominant and servient tenements in a single party?

Accepted Answer

The easement is extinguished.

Answer

The easement is suspended.

Answer

The easement remains unaffected.

Answer

The easement is reversed.

Question 8

What happens to an easement appurtenant when the dominant tenement is transferred?

Accepted Answer

The easement is automatically transferred to the new owner.

Answer

The easement is extinguished.

Answer

The easement remains with the original owner.

Answer

The easement is only transferred if specifically mentioned in the transfer document.

Question 9

Under which circumstance can the doctrine of prescription result in the establishment of an easement?

Accepted Answer

When an individual openly and consistently utilizes another's property for a specific purpose over an extended period without the owner's consent or permission.

Answer

When an easement is explicitly granted in writing by the property owner.

Answer

When an easement is established by law, such as an easement of necessity.

Answer

When an easement is established by local custom, such as a right of way across a neighbor's property.

Question 10

Which of the following is a key characteristic of an easement?

Accepted Answer

It is an incorporeal hereditament, meaning it exists as a legal right but does not involve physical possession of the land.

Answer

It is a possessory interest in land.

Answer

It is a freehold estate in land.

Answer

It is a leasehold estate in land.

Question 11

Which of the following is a defining characteristic of a profit?

Accepted Answer

It is an incorporeal hereditament that grants the owner a right to take something from the servient tenement, such as minerals, timber, or fish.

Answer

It is a leasehold estate in land.

Answer

It is a freehold estate in land.

Answer

It is a possessory interest in land.

Question 12

Which of the following is NOT a method of creating an easement?

Accepted Answer

By marriage

Answer

By prescription

Answer

By implication

Answer

By estoppel

Question 13

What is the key distinction between an easement and a profit?

Accepted Answer

An easement is a right to use another's land, while a profit is a right to take something from another's land.

Answer

An easement is created by prescription, while a profit is created by express grant.

Question 14

Which of the following is NOT an entitlement of the owner of the dominant tenement?

Accepted Answer

To alter the servient tenement without consent

Answer

To use the easement for the benefit of the dominant tenement

Answer

To exclude the owner of the servient tenement from the easement

Answer

To transfer the easement to another person

Question 15

Which of the following is NOT a requirement for the creation of a profit by prescription?

Accepted Answer

The use must be with the permission of the owner of the servient tenement

Answer

The use must be open and notorious

Answer

The use must be continuous and uninterrupted for at least 20 years

Question 16

Which of the following is NOT a right of the owner of a profit?

Accepted Answer

To prevent the owner of the servient tenement from accessing the land

Answer

To take the produce of the land

Answer

To sell the profit

Question 17

A landowner grants another the right to extract minerals from their land. What type of interest is this?

Accepted Answer

Profit à prendre

Answer

Easement in gross

Answer

Restrictive covenant

Answer

Easement appurtenant

Question 18

Which of the following is a method for terminating an easement?

Accepted Answer

Abandonment

Answer

Creation of a new easement

Answer

Increased use of the easement

Answer

Change in ownership of the dominant tenement

Question 19

What is a potential consequence of exceeding the scope of an easement?

Accepted Answer

The easement may be extinguished.

Answer

The easement will be extended to cover the new use.

Answer

The servient tenement will be granted a new easement.

Answer

The dominant tenement will be required to pay additional compensation.

Question 20

Which of the following is NOT a necessary element for establishing an easement by prescription in the UK?

Accepted Answer

The use must be continuous for at least 20 years.

Answer

The use must be open and notorious.

Answer

The use must be for the benefit of a dominant tenement.

Answer

The use must be without force or secrecy.

Question 21

A landowner grants a right to another to lay a water pipe across their land. This right is most likely:

Accepted Answer

An easement.

Answer

A license.

Answer

A restrictive covenant.

Answer

A profit à prendre.

Question 22

Which of the following is a valid method for extinguishing an easement?

Accepted Answer

Release by the dominant tenement owner.

Answer

Non-use for a period of 5 years.

Answer

Agreement by the servient tenement owner.

Answer

Abandonment by the dominant tenement owner.

Question 23

A profit à prendre differs from an easement in that it:

Accepted Answer

Grants the right to take something from the servient land.

Answer

Is always created by deed.

Answer

Cannot be extinguished by abandonment.

Question 24

The owner of a dominant tenement is entitled to:

Accepted Answer

Use the easement for the benefit of their land.

Answer

Modify the easement without the servient tenement owner's consent.

Answer

Transfer the easement to a third party without the servient tenement owner's consent.

Question 25

A landowner builds a fence across a path that has been used as a public right of way for decades. This is most likely a:

Accepted Answer

Interference with an easement.

Answer

Nuisance.

Answer

Breach of a restrictive covenant.

Answer

Trespass to land.

Question 26

Which of the following is NOT a recognized remedy for interference with an easement?

Accepted Answer

Specific performance.

Answer

Damages.

Answer

Injunction.

Answer

Declaration.

Question 27

A landowner grants a neighbor the right to use a driveway to access their property. This right is most likely:

Accepted Answer

An easement appurtenant.

Answer

A profit à prendre.

Answer

An easement in gross.

Answer

A restrictive covenant.

Question 28

A landowner agrees to restrict the height of any buildings built on their land. This agreement is most likely a:

Accepted Answer

Restrictive covenant.

Answer

Easement.

Answer

Profit à prendre.

Answer

License.

Question 29

Which of the following is a key difference between easements and licenses?

Accepted Answer

Easements are capable of binding successors in title, while licenses are not.

Answer

Easements are always exclusive, while licenses are not.

Answer

Easements are always created in writing, while licenses are not.