Multiple Choice
Identify the
letter of the choice that best completes the statement or answers the question.
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1.
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After occupying a property for the statutory period
required for adverse possession, what does an adverse possessor do to clear up the
title?
a. | file a quiet title action. | c. | seek a tax deed. | b. | foreclose on the
mortgage. | d. | utilize the power of eminent domain. |
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2.
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A person's rights exceed those of the owner of
record because the person has occupied the property for a long period of time. This is:
a. | escheat. | c. | eminent domain. | b. | homestead. | d. | adverse
possession. |
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3.
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The required time period for adverse possession in
Montana is:
a. | 5 years | c. | 15 years | b. | 10 years | d. | 20 years |
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4.
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Al enclosed and used a strip of his
neighbor's. property. The strip was used for several decades but the owner lived in another
state and was unaware of this. Can ownership of the strip of land change by this
activity?
a. | No, because the owner of the strip had no knowledge of
this. | b. | Yes because the user had color (appearance) of title and
may quiet the title to the strip of land. |
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5.
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The required time period to create a prescriptive
easement in Montana is:
a. | 5 years. | c. | 15 years | b. | 10
years |
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6.
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For nearly 30 years, Tom has crossed his
neighbor's ranch to get to his cabin. His neighbor has annually granted oral permission for
Tom's crossing. They are good friends and often exchange Christmas presents. Tom does have other
access to his property. Does Tom have a legal right to continue crossing his neighbor's property
perpetually?
a. | No, it appears that Tom has a mere license (permissive
use) which the neighbor may terminate at any time. | b. | Tom has a prescriptive easement which runs with the land. Tom may quiet the
title to the prescriptive easement to get it on the records. |
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7.
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For more than 5
years, Connor (a neighborhood outcast) has regularly and intentionally driven across his
neighbor's yard to get to Connor's garage. Although he has separate access to his garage,
Connor prefers to take the shortcut across his neighbor's lawn. To no avail, the neighbor has
repeatedly placed "no trespassing" signs on the lawn and begged Connor to stop trespassing.
Both the neighbor and Connor have placed their properties on the market. What right would a purchaser
of Connor's property have to continue to cross the neighbor's lawn? a. | None, it appears that Connor has a mere license
(permissive use) which the neighbor may terminate at any time. | b. | A purchaser would have a prescriptive easement which runs with the land. A
purchaser may quiet the title to the prescriptive easement to get it on the
records. |
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8.
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Under adverse possession, an occupant
may:
a. | acquire title. | b. | use the property under a lease grandfather clause.
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