QUESTION 1: A fence on the boundary line between two properties is known as a/an:
a. spite fence
b. livestock fence
c. division fence
d. neighbor fence
QUESTION 2: A property owner's basic right to prevent other people from entering the property is known as the right to:
a. use and enjoyment
b. exclusive possession
c. quiet title
d. adverse possession
QUESTION 3: A structure or object that extends over the property line and intrudes onto a neighbor's land is a/an:
a. implied easement
b. easement by necessity
c. encroachment
d. license
QUESTION 4: Activity on a single property that interferes with the general welfare of the community is a/an:
a. encroachment
b. private nuisance
c. public nuisance
d. trespass
QUESTION 5: Adverse possession can be:
a. a defense raised when a property owner brings a lawsuit against a trespasser
b. the basis of a quiet title action filed to secure title to property the possessor occupies
c. an incentive to encourage productive use of property
d. All of the above
QUESTION 6: An activity or conduct that interferes with a property owner's use and enjoyment of her property is considered to be a/an:
a. trespass
b. nuisance
c. easement
d. attractive nuisance
QUESTION 7: An easement may be implied with:
a. prior use
b. necessity
c. a plat map
d. Both A and B
QUESTION 8: One of the requirements for adverse possession is that the possession be continuous and uninterrupted for:
a. 3 years
b. 5 years
c. 7 years
d. 10 years
QUESTION 9: Ownership of a tree is determined by the:
a. trunk
b. highest branch
c. location of the fence line
d. owner who planted it
QUESTION 10: The land that receives the benefit of an easement is called the:
a. dominant tenement
b. dominant tenant
c. servient tenement
d. servient tenant
QUESTION 11: The principle of tacking means that:
a. an adverse possessor must pay all of the taxes on the property during the possession
b. a property owner can prevent adverse possession by granting permission to be there
c. the adverse possessor can share possession with the rightful owner
d. a series of adverse possessors can add their periods of possession together
QUESTION 12: Under premises liability, a landowner is liable if someone, potentially even a trespasser, is injured when:
a. the trespass is inadvertent
b. the owner fails to post a sign to warn trespassers
c. the injury is due to property conditions caused by the landowner's negligence
d. the property is unfenced
QUESTION 13: Unlawful entry onto another person's property without permission or legal authority is considered a/an:
a. easement
b. trespass
c. nuisance
d. abatement
QUESTION 14: When a person possesses property with a good faith belief that he owns the land (but in reality he does not), he is said to have:
a. claim of tacking
b. claim of right
c. color of right
d. color of title
QUESTION 15: When someone makes long and continuous use of another's property without the permission of the owner, he has an easement by:
a. necessity
b. implication
c. prescription
d. express reservation
QUESTION 16: When there is an easement for two parties to share the use of a private road or driveway:
a. the landowner is responsible for maintenance
b. the easement holder is responsible for maintenance
c. maintenance expenses must be divided in proportion to use of the road
d. the dominant tenement is responsible for maintenance
QUESTION 17: Which of the following is NOT a way an appurtenant easement can be terminated?
a. Merger
b. End of necessity
c. Transfer of servient tenement
d. Destruction of servient tenement
QUESTION 18: Which of the following is required for adverse possession but not for a prescriptive easement?
a. continuous use for 5 years
b. payment of taxes
c. hostile to the owner's interests
d. open and notorious
QUESTION 19: Which of the following is considered a nuisance per se?
a. An unfenced open pit
b. Excessive noise
c. Vandalism
d. Adverse possession
QUESTION 20: Which type of easement burdens a servient tenement but involves no dominant tenement?
a. Appurtenant easement
b. Easement in gross
c. Express easement
d. Dominant easement