Exam 26: Real Property and Land Use Control

New Homes LLC develops and sells a subdivision of apartments and town houses. A list of restrictions on the uses of the dwellings and common areas is included on the subdivision's map, which is filed in the appropriate public office. Each owner of a residence will be held to have constructive notice of the restrictions if

A valid deed must contain words indicating an intent to convey (transfer) the property.

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is

Italo owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Kessler has a profit. A right to possess the bottomland is owned by

When one tenant in common dies, that party's interest in the property automatically passes to the surviving owners.

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest

An individual's right to his or her property is absolute.

In a transfer of real property, with respect to its title, a defect exists if

Richard owns Scholars Apartment House. His ownership rights include the right to sell or give away the property without restriction, as well as to use the property for whatever purpose he sees fit. His ownership interest is

In most jurisdictions, a seller of real property is held to a duty to disclose any known, hidden defect that materially affects the value of the property.

Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine

In a transfer of real property, recording a deed gives notice to the public of the new owner and prevents others from fraudulently conveying the property.

Real property consists of land, and does not include anything attached to it.

Logging Corporation has a right to go onto Mountain Timber Company's land and harvest select trees. Logging's right is

The most important factor in determining whether an item is a fixture is the perception of a disinterested third party.

Ghani owns Hillside Vineyard. Ghani conveys some of the land "to Iona for her life." Ghani has given Iona

Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This is

Because no one can actually hold a piece of land, certain rights and duties are recognized to constitute the ownership interests in real property.

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is

The owner of real property has relatively exclusive rights to the airspace above the land.