Professor Miller

Property II – Quiz #1 Easements: 4 questions each worth 1 point (8 minutes to complete)

1. Oliver owned Blueacre, a residential home in a medium-sized city.  Oliver’s friend Cap
owned Turtle Pond, a small freshwater pond located three (3) miles from Blueacre.  Two
years ago, Cap executed and delivered a written instrument to Oliver, which provided
that "Oliver is entitled to fish, swim and catch turtles in Turtle Pond forever."  The
instrument complied with the Statute of Frauds, and Oliver recorded it immediately. 
Thereafter, Oliver would fish and swim whenever the weather was warm. Sometimes
Oliver chased the turtles, other times the turtles chased him. Last month, Oliver conveyed
his interests in Blueacre to Pepper.  Yesterday, when Pepper went to Turtle Pond, Cap
refused her access to the Pond. 

What is the best justification for Cap’s refusal under the traditional approach?

A. Oliver held an easement in gross which was not transferable.

B. Oliver never had a legal right to swim in Turtle Pond.
C. Oliver held a revocable license which ended when he tried to sell his interest to
Pepper.
D. Oliver held an appurtenant easement which was not transferable.

2. Amos is the owner in fee simple of Greenacre, a 7-acre tract, on which he maintains a
dwelling house for himself and his family.  Adjoining Greenacre is Redacre, a 10-acre
tract, owned by Andy.  In order to gain access to the highway, Amos has an easement to
cross over Redacre.  Amos recently purchased Toothacre, a 12-acre tract, which abuts
Redacre but is not appurtenant to Greenacre.  Amos has begun constructing a lovely
farmhouse on Toothacre and is using the existing easement (across Redacre) to gain
access to the 12-acre tract.  Amos has never received permission from Andy to use the
road across Redacre to gain access to Toothacre.
In an appropriate action by Andy to enjoin Amos from using the existing easement to
gain access to Toothacre, the plaintiff will most likely
A. Succeed, because Amos is making use of the servient estate beyond the scope and
extent of the easement as it was originally created.
B. Succeed, because Amos has no right to use the servient estate in connection with a
tract of land which is not part of the dominant estate.
C. Not succeed, because Amos has a right to use the easement in a manner not
inconsistent with the rights of the owner of the servient estate.
D. Not succeed, because Amos has an easement by necessity.

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 3. Rex, owner of Blueacre, granted to Macy, owner of Redacre, an easement of way over
Blueacre. Rex then went to Spain to live. Macy then moved into possession of Blueacre
and used it openly and exclusively, paying the taxes, for 10 years. Macy did not use her
easement during that period. Rex returned from Spain a new and better man. When Rex
discovered Macy living on Blueacre he tried to evict her for trespassing. The court held
that Macy had acquired Blueacre by adverse possession. Macy then sold Blueacre back to
Rex who then put a pad-locked gate across the easement. Macy has now brought an
action to remove the gate so that she can use the easement.
Macy will

A. lose, because she did not use her easement for the statutory period of 10 years.
B. lose, because she abandoned her easement.
C. lose, because, rather than using her easement, she used all of Blueacre.
D. win, because mere non-use of an easement does not extinguish it.

4. Sara owned two contiguous parcels. One year ago, Sara built a house on the eastern most
parcel (Eastacre), but failed to develop the western most parcel (Westacre). Given the
topography of Eastacre, it would have been extremely difficult and very costly to
construct an access road to connect her house with a county road to the east.
Consequently, Sara built a dirt roadway over Westacre to connect her house with a
county road to the west and used the roadway almost daily. A few months later, Sara
sold Westacre to James, but the deed was silent regarding any easements. Shortly
thereafter, a new state highway was built bordering Eastacre on the north. It then became
very convenient for Sara to access her home from the highway rather than driving across
Westacre. Recently, when Sara attempted to drive her car across Westacre, she found her
access blocked by a new gate that James had erected. James was standing by the gate and
shouted, “Access your home by means of the state highway. I no longer want you on my
land.” Does Sara have an easement to cross Westacre?

A. Yes, Sara has an easement implied by prior existing use.

B. Yes, Sara has an implied easement by necessity.
C. Yes, Sara has a prescriptive easement.
D. No, Sara does not have an easement because any existing right of way was terminated
when the new state highway was constructed.

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