Easements and Profits: Master Property Rights in Land Law

Question 1

What type of easement grants the right to receive light and air from an adjacent property?

Accepted Answer

Right of light

Answer

Right of way

Answer

Right of support

Answer

Right of drainage

Question 2

Which of the following statements about profits à prendre is true?

Accepted Answer

They grant the right to take a specific substance from another's land

Answer

They can only be held in gross

Answer

They are always exclusive rights

Answer

They require a deed to be created

Question 3

What is the primary distinction between a right of way and a right of drainage?

Accepted Answer

A right of way permits passage over land, while a right of drainage allows for water discharge.

Answer

A right of way is a positive easement, whereas a right of drainage is a negative easement.

Answer

A right of way arises through prescription, unlike a right of drainage which is acquired by grant.

Answer

There is no meaningful distinction between a right of way and a right of drainage.

Question 4

What is the key difference between a profit à prendre and a profit of estovers?

Accepted Answer

A profit à prendre allows the taking of any resource from the land, while a profit of estovers limits the taking to wood products.

Answer

A profit à prendre is a positive easement, whereas a profit of estovers is a negative easement.

Answer

A profit à prendre is acquired through prescription, unlike a profit of estovers which is acquired by grant.

Answer

There is no substantive distinction between a profit à prendre and a profit of estovers.

Question 5

Which of the following is NOT a characteristic of an easement?

Accepted Answer

A right in personam

Answer

An incorporeal hereditament

Answer

A proprietary interest in land

Answer

Can be transferred separately from the dominant tenement

Question 6

What is the legal principle governing the permissible use of an easement?

Accepted Answer

Rule of dominant tenement

Answer

Rule of necessity

Answer

Rule of prescription

Answer

Rule of implied easements

Question 7

What is the primary distinction between an easement in gross and an easement appurtenant?

Accepted Answer

An easement in gross benefits an individual, while an easement appurtenant benefits a specific parcel of land

Answer

An easement appurtenant is created by prescription, while an easement in gross is created by express grant

Answer

An easement in gross cannot be transferred, unlike an easement appurtenant

Answer

There is no fundamental difference between these two types of easements

Question 8

Which of the following methods is recognized for acquiring an easement by prescription?

Accepted Answer

Possession of the land, open, continuous, and adverse for the required period

Answer

Obtaining a written grant from the landowner

Answer

Registering the easement with the appropriate authority

Answer

Inheriting the easement from a prior owner

Question 9

What is the primary legal effect of an easement?

Accepted Answer

The servient owner is legally prohibited from interfering with the dominant owner's use of their land

Answer

The servient owner is legally obligated to allow the dominant owner use of their land

Answer

The dominant owner gains exclusive possession of the land

Answer

The servient owner has the unilateral right to terminate the easement

Question 10

What is the primary distinction between a profit à prendre and a profit à prendre in common?

Accepted Answer

A profit à prendre grants the right to remove a specific quantity of something from the land, while a profit à prendre in common grants the right to remove an unspecified quantity

Answer

A profit à prendre in common can be created by prescription, while a profit à prendre cannot

Answer

A profit à prendre is a personal right, while a profit à prendre in common is a property right

Answer

There is no fundamental difference between these two types of profits

Question 11

Which of the following is NOT a valid defense to an action for trespass by a profit owner?

Accepted Answer

Unlawful entry by the profit owner

Answer

Statutory authority

Answer

Consent of the landowner

Answer

Necessity

Question 12

What is the significance of the doctrine of de minimis in the context of easements and profits?

Accepted Answer

It states that minor interferences with an easement or profit will not result in a cause of action

Answer

It establishes that a profit must exceed a certain value to be enforceable

Answer

It provides that an easement can be extinguished if it remains unused for an extended period

Answer

It is not applicable in the context of easements and profits

Question 13

What is the primary defining characteristic that distinguishes an easement appurtenant from an easement in gross?

Accepted Answer

An easement appurtenant is attached to a specific piece of land, while an easement in gross is not.

Answer

An easement in gross is attached to a specific piece of land, while an easement appurtenant is not.

Answer

There is no fundamental distinction between an easement appurtenant and an easement in gross.

Answer

An easement appurtenant is a right of way, while an easement in gross is a right to use a specific area of land.

Question 14

What is the primary characteristic of an easement of necessity?

Accepted Answer

It is implied by law based on the necessity of the dominant tenement.

Answer

It is created by express grant.

Answer

It is created by prescription.

Answer

It cannot be transferred.

Question 15

What is the fundamental difference between an easement and a license?

Accepted Answer

An easement is an interest in land, while a license is not.

Answer

A license is an interest in land, while an easement is not.

Answer

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

Answer

An easement is a right to use the land of another, while a license is a right to enter the land of another.

Question 16

In the event of a merger of the dominant and servient tenement, what typically happens to the easement?

Accepted Answer

It is extinguished.

Answer

It is transferred to the new owner of the servient tenement.

Answer

It remains unaffected.

Answer

It is transferred to the new owner of the dominant tenement.

Question 17

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

Accepted Answer

An easement confers a right to use or enter land, while a profit confers a right to take something from the land.

Answer

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

Question 18

Which of the following is an example of a negative easement?

Accepted Answer

A right to prevent the construction of a building on neighboring land

Answer

A right to cross someone else's land

Answer

A right to take fish from a pond

Question 19

Which of the following is not a characteristic of an easement in the United Kingdom?

Accepted Answer

Exclusive possession

Answer

Dominant tenement

Answer

Servient tenement

Question 20

How can an easement be acquired by prescription in the UK?

Accepted Answer

Open, notorious, peaceful, and uninterrupted use for the prescribed period of 20 years.

Answer

By implied grant

Answer

By express grant

Question 21

What is the primary distinction between a profit à prendre and an easement in UK property law?

Accepted Answer

A profit involves the taking of something from the servient tenement, while an easement does not.

Answer

An easement is more permanent than a profit.

Answer

A profit is a right in rem, while an easement is a right in personam.

Question 22

What are two possible legal remedies for a breach of an easement in the UK?

Accepted Answer

The dominant owner can bring an action for damages or an injunction.

Answer

The easement is automatically extinguished.

Answer

The servient owner can claim compensation from the dominant owner.

Question 23

What is the fundamental difference between a positive easement and a negative easement in the UK context?

Accepted Answer

A positive easement gives the dominant owner the right to do something on the servient tenement, while a negative easement gives the dominant owner the right to prevent the servient owner from doing something on the servient tenement.

Answer

A positive easement is more permanent than a negative easement.

Question 24

What are the potential legal remedies for a breach of a profit à prendre in the United Kingdom?

Accepted Answer

The dominant owner can bring an action for damages or an injunction to prevent the interference with the profit.

Answer

The profit is automatically extinguished.

Question 25

Can a profit à prendre be extinguished by abandonment in the United Kingdom?

Accepted Answer

Yes, if the dominant owner does not use the profit for a significant period of time and intends to abandon it.

Answer

No, profits à prendre are永久.