Exam 26: Real Property and Land Use Control

Discount Mart Inc. contracts to buy ten acres from Enterprises LLC as a site for a new store. The contract calls for a "warranty deed." According to a survey that Discount Mart commissions, one corner of an adjacent, enclosed parking lot is on part of the property that the seller is attempting to convey. Can the buyer avoid the contract? If so, on what basis? If not, why not?

Land includes the soil on the surface of the earth, but not the waters contained on it.

When a joint tenant dies, his or her interest in the property passes to his or her chosen heirs.

The temporary flooding of land by the government may result in liability under the takings clause of the Fifth Amendment to the U.S. Constitution.

Centre City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass. The city relocates more than 10,000 residents from the land and destroys their homes to begin the project. Deli Market is adjacent to the project, and loses most of its business when the residents are moved. Deli files a suit against the city, alleging that its acquisition of the land resulted in a taking of the plaintiff's property interest, entitling it to compensation. What is a taking? What might Deli claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

Owen owns a farm in Pennsylvania. Owen's brother Quentin owns the subsurface rights to the farm. Either brother can pass title to what he owns

Beck and Carli are married. Carli purchases a condominium near Downhill Ski Resort. Beck and Carli each technically own an undivided one-half interest in the condo. This is

A license is a personal privilege that cannot be withdrawn or revoked.

Aggie owns Buffalo Ranch. Aggie's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose she sees fit. Aggie's ownership interest is

There are no interests in land that do not include any rights to possess the property.

In a sale of real estate, a seller is obligated to transfer marketable title, which means that the title may be bought or sold separately from its subject property even if the title is encumbered or defective.

Colleen owns a parcel of land. She tows a mobile home to the parcel and anchors it to the land near a stand of Douglas fir trees. Her real property consists of

Tile and carpeting permanently attached to the floor of a house are most likely intended to be fixtures.

The rights of the owner to the subsurface of a piece of land would have little value if the owner could not use the surface to exercise those rights.

To be a fixture, an item of personal property must be physically attached to the land in some way.

Areas that a municipality has zoned for industrial use can be used by landowners for

Frank tells Giselle that she can camp on Frank's beach and swim in his lake whenever she wants. With respect to the right to camp and swim,

Urban City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land and determine its fair value to be paid to the private owner. This is

Veda owns a house. In the house, on a tile floor is a throw rug and a heavy decorative urn. Most likely to meet the definition of a fixture is

Under the takings clause of the Fifth Amendment to the U.S. Constitution, private property may be taken for public use without "just compensation."