Access Right Is Personal
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
15038_olive_grove_psalm_lane · REAL_PROPERTY · Choice ALydia, because Peter's access right was an easement in gross that could not be transferred to Martha.
Why it's attractive
The access right served the upland tract, so calling it personal breaks the land-benefit signal.
Why it's wrong
The access right served the upland tract, so calling it personal breaks the land-benefit signal.
15038_olive_grove_psalm_lane · REAL_PROPERTY · Choice BLydia, because Peter's deed to Martha did not expressly transfer the lane right to her.
Why it's attractive
It adds a repeat-the-easement requirement to the later deed.
Why it's wrong
It adds a repeat-the-easement requirement to the later deed.
15038_olive_grove_psalm_lane · REAL_PROPERTY · Choice DMartha, because she acquired an easement by implication over Lydia's retained grove.
Why it's attractive
It reaches for implication even though the stem gives an express recorded grant.
Why it's wrong
It reaches for implication even though the stem gives an express recorded grant.
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