PROPERTY LAW LATEST 2026 EXAM QUESTIONS AND
SOLUTIONS RATED A+
✔✔Knowledge of the adverse possession required? - ✔✔No. Not for either party.
✔✔Deed - ✔✔RECORD OF TITLE. Info about the size and location of the property
through description of the property boundaries
✔✔Claim of Title (Adverse Possession) - ✔✔Adverse possessor can't produce a deed
(defective or not) that claims to give them ownership of the land in their possession
✔✔Color of Title (Adverse Possession) - ✔✔Adverse possessors think they own the
deed but there is a defect (no closed bounds, lack of signature, not payed taxes (in
many states))
✔✔2 Types of Adverse Possession Claims - ✔✔Claim of Title. Color of Title. (Adverse
possessor must show all six elements of adverse possession for both)
✔✔Does allowing other people to use the land (like on paths) negate the EXCLUSIVE
element of Adverse Possession? - ✔✔No. Must look at a typical landowner in the area.
(Nome 2000)
✔✔Is seasonal use consistent with the continuous requirement of Adverse Possession?
- ✔✔Yes, IF a typical landowner would do the same
✔✔Does the lack of a permanent structure negate an adverse possession claim? -
✔✔No. Must look at typical landowner though to be sure.
✔✔Will a successful adverse possession claim necessarily cover the entire property
owned by the landowner? - ✔✔Not necessarily. Court might not give adverse possessor
the entire area of the claim, but just parcel actually possessed in a way that meets all
the elements
✔✔Two types of informal title transfers through trespass? - ✔✔Adverse Possession.
Improving Trespasser.
✔✔Improving Trespasser (Traditional Rule) - ✔✔Landowner has an absolute right to an
injunction to remove the structure (regardless of cost of construction or demolition).
Rejected in most states
✔✔Improving Trespasser (Modern Rule) (Name of Approach + 4 Things) - ✔✔Relative
Hardship Approach. May refuse injunction ordering removal if encroachment was (1)
Innocent/Mistaken (2) minimal harm (3) small interference (4) cost of removal
substantial
,✔✔Servitude - ✔✔A from of private land use control/interest. Create a right or obligation
to do something OR refrain from doing something on the land
✔✔Are servitudes licenses? - ✔✔No. Licenses can be revoked. Servitudes cannot.
✔✔2 traits of servitudes - ✔✔Pass to successive owners. Are property rights that can
be deeded and sold
✔✔Express Easement - ✔✔Irrevocable and affirmative right to do something one
someone else's land. Non-Possessory Interest. Can be APPURTENANT or IN GROSS
✔✔Negative Easements - ✔✔Gives the holder the right to prevent the actual possessor
from doing something on the property (lateral support, interfere with artificial water
source, blocking view by planting trees, conservation of historic buildings, etc...)
✔✔Easement Appurtenant - ✔✔Adheres to and benefits the dominant estate and runs
with the land such that the servient estate is burdened. Benefit AND Burden run with the
land.
✔✔Scope of an Easement Appurtenant - ✔✔Depends on burden caused by expansion,
determined by grantor's intent, presumption for unlimited use unless otherwise
restricted, if dominant estate is subdivided both parcels have the easement now
✔✔Easement in Gross - ✔✔Burdens an estate but does not benefit a corresponding
estate (no dominant estate). Enables owner of easement to do something on the
burdened estate. Does NOT run with the land
✔✔Apportionability (Divisibility) of Easements - ✔✔Exclusive easments are
apportionable, most easements in gross are not exclusive and therefore not
apportionable
✔✔Affirmative Easements - ✔✔Give the holder the right to go onto the servient estate
for a specific purpose
✔✔Formal Requirements for the BURDEN to run with the land - ✔✔Writing (SoF),
Grantor's Intent, Notice to Subsequent Owners (Actual, Inquiry, Constructive)
✔✔Formal Requirement for the BENEFIT to run with the land - ✔✔Must be easement
appurtenant (per grantor's intent)
✔✔Ambiguous easements are assumed to be.... - ✔✔Appurtenant
✔✔Can easements appurtenant be subdivided/apportioned? - ✔✔Yes
, ✔✔Undue Burden Standard - ✔✔Maintenance and use of the easement by Dominant
Estate cannot put undue burden on servient estate (must prove beyond scope of
original intent)
✔✔How do you determine if easement is appurtenant or in gross? - ✔✔INTENT OF
THE GRANTOR
✔✔Apportionability and Easements in Gross - ✔✔Can only be apportioned/licensed
when the grant of the easement is exclusive as to the grantor (when the grantor is
excluded from using the property for same purpose)
✔✔Ways to Terminate and Easement (5) - ✔✔(1) Agreement in Writing (Release) (2) by
its own terms (terms of the deed) (3) Merger of dominant and servient estates (4)
Abandonment (must show intent) (5) Adverse possession (by servient estate or third
party)
✔✔Marketable Title Act - ✔✔Force holders of easements to re-record the easement at
regular intervals to ensure that people who look back at the chain of title know where
there are easements burdening/benefiting their land
✔✔Actual Notice - ✔✔In fact knowing
✔✔Inquiry Notice - ✔✔A reasonable buyer who investigates could easily discover the
requirement
✔✔Constructive Notice - ✔✔The record is written in the chain of title
✔✔Do Implied Easements need to be written? - ✔✔No. Exceptions to the SoF
✔✔2 Broad Categories of Implied Easements - ✔✔(1) Implied by Necessity (2) Implied
by Prior Use
✔✔4 Categories of Easements (VERY BROAD) - ✔✔(1) Express Easements (2)
Implied Easements (3) Prescriptive Easements (4) Easements by Estoppel
✔✔Requirements for an Easement Implied by Necessity (3) - ✔✔(1) Parcels of land
were once unified (and the severance caused the necessity) (2) Absolute Necessity (3)
Only for Access
✔✔Policy Reasons for Easements Implied by Necessity (2) - ✔✔(1) Effectuate Intent of
the Parties (2) Promote Efficient Use of Land
SOLUTIONS RATED A+
✔✔Knowledge of the adverse possession required? - ✔✔No. Not for either party.
✔✔Deed - ✔✔RECORD OF TITLE. Info about the size and location of the property
through description of the property boundaries
✔✔Claim of Title (Adverse Possession) - ✔✔Adverse possessor can't produce a deed
(defective or not) that claims to give them ownership of the land in their possession
✔✔Color of Title (Adverse Possession) - ✔✔Adverse possessors think they own the
deed but there is a defect (no closed bounds, lack of signature, not payed taxes (in
many states))
✔✔2 Types of Adverse Possession Claims - ✔✔Claim of Title. Color of Title. (Adverse
possessor must show all six elements of adverse possession for both)
✔✔Does allowing other people to use the land (like on paths) negate the EXCLUSIVE
element of Adverse Possession? - ✔✔No. Must look at a typical landowner in the area.
(Nome 2000)
✔✔Is seasonal use consistent with the continuous requirement of Adverse Possession?
- ✔✔Yes, IF a typical landowner would do the same
✔✔Does the lack of a permanent structure negate an adverse possession claim? -
✔✔No. Must look at typical landowner though to be sure.
✔✔Will a successful adverse possession claim necessarily cover the entire property
owned by the landowner? - ✔✔Not necessarily. Court might not give adverse possessor
the entire area of the claim, but just parcel actually possessed in a way that meets all
the elements
✔✔Two types of informal title transfers through trespass? - ✔✔Adverse Possession.
Improving Trespasser.
✔✔Improving Trespasser (Traditional Rule) - ✔✔Landowner has an absolute right to an
injunction to remove the structure (regardless of cost of construction or demolition).
Rejected in most states
✔✔Improving Trespasser (Modern Rule) (Name of Approach + 4 Things) - ✔✔Relative
Hardship Approach. May refuse injunction ordering removal if encroachment was (1)
Innocent/Mistaken (2) minimal harm (3) small interference (4) cost of removal
substantial
,✔✔Servitude - ✔✔A from of private land use control/interest. Create a right or obligation
to do something OR refrain from doing something on the land
✔✔Are servitudes licenses? - ✔✔No. Licenses can be revoked. Servitudes cannot.
✔✔2 traits of servitudes - ✔✔Pass to successive owners. Are property rights that can
be deeded and sold
✔✔Express Easement - ✔✔Irrevocable and affirmative right to do something one
someone else's land. Non-Possessory Interest. Can be APPURTENANT or IN GROSS
✔✔Negative Easements - ✔✔Gives the holder the right to prevent the actual possessor
from doing something on the property (lateral support, interfere with artificial water
source, blocking view by planting trees, conservation of historic buildings, etc...)
✔✔Easement Appurtenant - ✔✔Adheres to and benefits the dominant estate and runs
with the land such that the servient estate is burdened. Benefit AND Burden run with the
land.
✔✔Scope of an Easement Appurtenant - ✔✔Depends on burden caused by expansion,
determined by grantor's intent, presumption for unlimited use unless otherwise
restricted, if dominant estate is subdivided both parcels have the easement now
✔✔Easement in Gross - ✔✔Burdens an estate but does not benefit a corresponding
estate (no dominant estate). Enables owner of easement to do something on the
burdened estate. Does NOT run with the land
✔✔Apportionability (Divisibility) of Easements - ✔✔Exclusive easments are
apportionable, most easements in gross are not exclusive and therefore not
apportionable
✔✔Affirmative Easements - ✔✔Give the holder the right to go onto the servient estate
for a specific purpose
✔✔Formal Requirements for the BURDEN to run with the land - ✔✔Writing (SoF),
Grantor's Intent, Notice to Subsequent Owners (Actual, Inquiry, Constructive)
✔✔Formal Requirement for the BENEFIT to run with the land - ✔✔Must be easement
appurtenant (per grantor's intent)
✔✔Ambiguous easements are assumed to be.... - ✔✔Appurtenant
✔✔Can easements appurtenant be subdivided/apportioned? - ✔✔Yes
, ✔✔Undue Burden Standard - ✔✔Maintenance and use of the easement by Dominant
Estate cannot put undue burden on servient estate (must prove beyond scope of
original intent)
✔✔How do you determine if easement is appurtenant or in gross? - ✔✔INTENT OF
THE GRANTOR
✔✔Apportionability and Easements in Gross - ✔✔Can only be apportioned/licensed
when the grant of the easement is exclusive as to the grantor (when the grantor is
excluded from using the property for same purpose)
✔✔Ways to Terminate and Easement (5) - ✔✔(1) Agreement in Writing (Release) (2) by
its own terms (terms of the deed) (3) Merger of dominant and servient estates (4)
Abandonment (must show intent) (5) Adverse possession (by servient estate or third
party)
✔✔Marketable Title Act - ✔✔Force holders of easements to re-record the easement at
regular intervals to ensure that people who look back at the chain of title know where
there are easements burdening/benefiting their land
✔✔Actual Notice - ✔✔In fact knowing
✔✔Inquiry Notice - ✔✔A reasonable buyer who investigates could easily discover the
requirement
✔✔Constructive Notice - ✔✔The record is written in the chain of title
✔✔Do Implied Easements need to be written? - ✔✔No. Exceptions to the SoF
✔✔2 Broad Categories of Implied Easements - ✔✔(1) Implied by Necessity (2) Implied
by Prior Use
✔✔4 Categories of Easements (VERY BROAD) - ✔✔(1) Express Easements (2)
Implied Easements (3) Prescriptive Easements (4) Easements by Estoppel
✔✔Requirements for an Easement Implied by Necessity (3) - ✔✔(1) Parcels of land
were once unified (and the severance caused the necessity) (2) Absolute Necessity (3)
Only for Access
✔✔Policy Reasons for Easements Implied by Necessity (2) - ✔✔(1) Effectuate Intent of
the Parties (2) Promote Efficient Use of Land
