Question: Question 14 Hal Divelbiss owned a corner lot located next to an elementary school. Children from the neighborhood cut across the lot diagonally as they
Question 14
Hal Divelbiss owned a corner lot located next to an elementary school. Children from the neighborhood cut across the lot diagonally as they were walking to school. The children did so with such frequency that there was a visible path across Hal's property. The children had been using the path since the school opened in 1971. On December 1, 2000, Hal placed a fence around the perimeter of the lot and the children could no longer use their well-established short cut. Hal:
| a. | Would not be liable to the children for any injuries because they are trespassers. | |
| b. | Would be liable only for attractive nuisances. | |
| c. | Could utilize man traps without liability because the children are trespassers. | |
| d. | Could be liable for injuries to the children that they experience while using the path. |
Question 15
Painless Orthodontia is located in one corner of the second story of Beazley Department Store. Painless patients have access through an outdoor stairwell, but there is an indoor hallway on the second story, near the billing and credit department of Beazleys store. Beazley saw some benefit in having parents and patients going through the store on the way to appointments and as a way to have parents waiting for children at appointment to do some shopping. Beazley Department stores CEO wrote on its letterhead, Beazley hereby grants Painless Orthodontia the right to use the hallway on the second floor of Beazleys building as long as the said room remains unpartioned [sic] by brick and continuous through to the roof. The document:
| a. | Is an easement in gross. | |
| b. | Cannot convey any interest. | |
| c. | Is an easement appurtenant. | |
| d. | Is a prescriptive easement. |
Question 16
Painless Orthodontia is located in one corner of the second story of Beazley Department Store. Painless patients have access through an outdoor stairwell, but there is an indoor hallway on the second story, near the billing and credit department of Beazleys store. Beazley saw some benefit in having parents and patients going through the store on the way to appointments and as a way to have parents waiting for children at appointment to do some shopping. Beazley Department stores CEO wrote on its letterhead, Beazley hereby grants Painless Orthodontia the right to use the hallway on the second floor of Beazleys building as long as the said room remains unpartioned [sic] by brick and continuous through to the roof. Beazley:
| a. | Has granted an express easement by grant. | |
| b. | Has granted an express easement by reservation. | |
| c. | Has granted a profit. | |
| d. | Cannot convey a portion of its building. |
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