Easements and Profits: Legal Principles and Applications

Question 1

How is an easement established by prescription?

Accepted Answer

Open, notorious, and continuous land usage over an extended period

Answer

Express grant

Answer

Implied grant

Answer

Necessity

Question 2

Which easement type grants the right to utilize airspace above another's property?

Accepted Answer

Easement of air

Answer

Easement of support

Answer

Easement of light

Answer

Easement of view

Question 3

What is the legal consequence of unifying ownership of the dominant and servient tenements?

Accepted Answer

The easement is extinguished.

Answer

The easement is suspended until the tenements are again separately owned.

Answer

The easement remains unaffected.

Answer

The easement is assigned to a third party.

Question 4

Which of the following is not a valid defense to an action for trespass by the owner of the servient tenement?

Accepted Answer

Abandonment of the easement by the dominant tenement owner

Answer

Prescription

Answer

Statutory authority

Answer

License

Question 5

What is the guiding principle governing the extent of an easement?

Accepted Answer

The extent of an easement is determined by the terms of its creation.

Answer

The extent of an easement is determined by the reasonable needs of the dominant tenement.

Answer

The extent of an easement is determined by the custom of the locality.

Answer

The extent of an easement is determined by the size of the servient tenement.

Question 6

Which of the following remedies is not available for the infringement of an easement?

Accepted Answer

Rescission

Answer

Injunction

Answer

Damages

Answer

Specific performance

Question 7

What is the purpose of the doctrine of lost modern grant?

Accepted Answer

To allow easements to be created by prescription, even if there is no evidence of their actual creation.

Answer

To extend the scope of easements beyond their original terms.

Answer

To transfer easements from one dominant tenement to another.

Answer

To terminate easements that have become obsolete.

Question 8

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

Accepted Answer

It grants exclusive use of the land.

Answer

It is an interest in land.

Answer

It is a non-possessory right.

Answer

It is a right to use the land of another.

Question 9

Which of the following is the most common method of easement creation?

Accepted Answer

Grant.

Answer

Prescription.

Answer

Necessity.

Answer

Estoppel.

Question 10

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

Accepted Answer

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

Answer

An easement is a personal right, while a profit is a proprietary right.

Answer

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

Answer

An easement is permanent, while a profit is temporary.

Question 11

Describe the concept of implied easements.

Accepted Answer

It allows courts to create easements based on the prior use of the land.

Answer

It prevents landowners from creating easements that interfere with the rights of others.

Answer

It requires easements to be in writing to be valid.

Answer

It limits the duration of easements to 20 years.

Question 12

Define the relationship between a dominant tenement and a servient tenement.

Accepted Answer

The dominant tenement is the land that benefits from the easement, while the servient tenement is the land that is burdened by the easement.

Answer

The dominant tenement is owned by the person who has the easement, while the servient tenement is owned by the person who grants the easement.

Answer

The dominant tenement is always larger than the servient tenement.

Answer

The dominant tenement is always adjacent to the servient tenement.

Question 13

Which of the following is NOT a type of profit?

Accepted Answer

Easement in gross.

Answer

Profit à prendre.

Answer

Profit à prendre in gross.

Answer

Profit appurtenant.

Question 14

Which of the following is a primary right granted to the holder of an easement?

Accepted Answer

The right to use the servient tenement for the purpose specified in the easement

Answer

The right to transfer the easement to another person

Answer

The right to prevent the owner of the servient tenement from using the easement

Answer

The right to terminate the easement at will

Question 15

An easement holder's right of way has been blocked by a newly built fence. Which legal remedy is most suitable in this case?

Accepted Answer

Injunction

Answer

Damages

Answer

Specific performance

Answer

Rescission

Question 16

Which of the following is NOT an essential element of an easement?

Accepted Answer

Duration of the grant

Answer

Benefit to the dominant tenement

Answer

Dominant tenement

Answer

Servient tenement

Question 17

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

Accepted Answer

Easement

Answer

Can be exclusive

Answer

Must be appurtenant to land

Answer

Can be granted in gross

Question 18

Which method of creating an easement is most common in the UK?

Accepted Answer

Express grant

Answer

Necessity

Answer

Implied grant

Answer

Prescription

Question 19

What is the legal effect of unity of ownership of the dominant and servient tenements?

Accepted Answer

Extinguishes the easement

Answer

Transfers the easement to a third party

Answer

Creates a new easement

Answer

Has no effect on the easement

Question 20

What is the difference between an easement in gross and an easement appurtenant?

Accepted Answer

An easement in gross is not attached to land, while an easement appurtenant is.

Answer

An easement in gross is more common than an easement appurtenant.

Answer

An easement appurtenant can be transferred to a third party, while an easement in gross cannot.

Question 21

What is the significance of the doctrine of lost modern grant?

Accepted Answer

It allows courts to presume the existence of an easement based on long-standing use.

Answer

It prevents the creation of new easements by prescription.

Answer

It applies only to easements appurtenant.

Question 22

What is the legal effect of an easement by necessity?

Accepted Answer

It is created automatically when land is divided and one parcel becomes inaccessible without it.

Answer

It can only be created by prescription.

Answer

It must be expressly granted in writing.