Question 1

A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

Accepted Answer

A) True 
 B)False  False

Question 2

Evans' tree hangs over Leppold's land.This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

Accepted Answer

A) True 
 B)False  False

Question 3

A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

Accepted Answer

A) True 
 B)False  True

Question 4

A and B own adjacent lots.Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property.
(Answers in boldface are correct)

Accepted Answer

A) True 
 B)False

Question 5

Under the prior appropriation theory, the first person to appropriate water for a beneficial use has priority over later users.

Accepted Answer

A) True 
 B)False

Question 6

Groundwater is water that flows across the ground outside of a riverbed.

Accepted Answer

A) True 
 B)False

Question 7

A riparian owner owns land adjacent to a water course or stream.

Accepted Answer

A) True 
 B)False

Question 8

A navigable (in the legal sense)river runs along the boundary between New York and Pennsylvania.Ned owns a farm along the New York side of the river Pete owns a farm in Pennsylvania across the river from Ned's farm.Who owns the riverbed, or at least part thereof, between the farms:

Accepted Answer

A) Ned and Pete. 
B) New York and Pennsylvania. 
C) New York. 
D) Pennsylvania. 
E) The United States. 
A) Ned and Pete. 
B) New York and Pennsylvania. 
C) New York. 
D) Pennsylvania. 
E) The United States.

Question 9

Under the following theory, a landowner is free to interfere with the natural flow of surface water that runs apart from its watercourse:

Accepted Answer

A) Natural Flow. 
B) Common Enemy 
C) Prior Appropriation. 
D) Civil Law. 
E) Reasonable Use. 
A) Natural Flow. 
B) Common Enemy 
C) Prior Appropriation. 
D) Civil Law. 
E) Reasonable Use.

Question 10

A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

Accepted Answer

A) True 
 B)False

Question 11

Barney purchased 40 acres of land from Fred.Unknown to both parties, under the surface of the land was a rich vein of gold ore that extended beneath neighboring land owned by Wilma.The gold ore is owned at least in part by:

Accepted Answer

A) Barney, Fred and Wilma. 
B) Barney and Wilma. 
C) Wilma and Fred. 
D) None of the above.
23 According to the Supreme Court's opinion in United States v.Causby:
A()the U.S.has exclusive national sovereignty in the airspace over the country.
B()a landowner owns only that airspace in which he has a physical presence, such as a building.
C()Flights over a landowner's airspace are a "taking" no matter what the plane's altitude is.
D()the common law rule that ownership over airspace should extend to the periphery of the universe, was upheld as the appropriate rule of law. 
A) Barney, Fred and Wilma. 
B) Barney and Wilma. 
C) Wilma and Fred. 
D) None of the above.
23 According to the Supreme Court's opinion in United States v.Causby:
A()the U.S.has exclusive national sovereignty in the airspace over the country.
B()a landowner owns only that airspace in which he has a physical presence, such as a building.
C()Flights over a landowner's airspace are a "taking" no matter what the plane's altitude is.
D()the common law rule that ownership over airspace should extend to the periphery of the universe, was upheld as the appropriate rule of law.

Question 12

Goodman and Davis live in an area of New York City in which there is a 20-story limit on buildings.Goodman owns a 12-story building.Davis wishes to build a 26-story building.Goodman wants to sell Davis a portion of his unused air rights.The air rights being sold in this scenario are called:

Accepted Answer

A) ad coelum rights. 
B) ad inferos rights. 
C) transferable development rights. 
D) air capture rights. 
A) ad coelum rights. 
B) ad inferos rights. 
C) transferable development rights. 
D) air capture rights.

Question 13

If a river is navigable, the majority rule is that the state owns the riverbed.

Accepted Answer

A) True 
 B)False

Question 14

The shore along oceanfront property is owned by the states.

Accepted Answer

A) True 
 B)False

Question 15

It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

Accepted Answer

A) True 
 B)False

Question 16

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:

Accepted Answer

A) Trespass. 
B) Nuisance. 
C) Reasonable Use. 
D) Common Enemy. 
E) Two of the above.(a and b) 
A) Trespass. 
B) Nuisance. 
C) Reasonable Use. 
D) Common Enemy. 
E) Two of the above.(a and b)

Question 17

State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Accepted Answer

A) True 
 B)False

Question 18

Navigable airspace is defined in the same manner as navigable water.

Accepted Answer

A) True 
 B)False

Question 19

The owner of real estate may sell her air rights to one person and her mineral rights to another person.

Accepted Answer

A) True 
 B)False

Question 20

Mike begins an excavation on his land to construct a new building.The excavation causes a subsidence in neighboring lands and buildings owned by Molly, although Molly's land in its natural state would not have subsided.Assuming Mike was not negligent and there is no applicable state statute:

Accepted Answer

A) Molly may recover damages for her land and buildings. 
B) Molly may recover damages for her land alone. 
C) Molly may recover damages for her buildings alone. 
D) Molly may not recover damages. 
A) Molly may recover damages for her land and buildings. 
B) Molly may recover damages for her land alone. 
C) Molly may recover damages for her buildings alone. 
D) Molly may not recover damages.

A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

Evans' tree hangs over Leppold's land.This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

A and B own adjacent lots.Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property. (Answers in boldface are correct)

Under the prior appropriation theory, the first person to appropriate water for a beneficial use has priority over later users.

Groundwater is water that flows across the ground outside of a riverbed.

A riparian owner owns land adjacent to a water course or stream.

A navigable (in the legal sense)river runs along the boundary between New York and Pennsylvania.Ned owns a farm along the New York side of the river Pete owns a farm in Pennsylvania across the river from Ned's farm.Who owns the riverbed, or at least part thereof, between the farms:

Under the following theory, a landowner is free to interfere with the natural flow of surface water that runs apart from its watercourse:

A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

Barney purchased 40 acres of land from Fred.Unknown to both parties, under the surface of the land was a rich vein of gold ore that extended beneath neighboring land owned by Wilma.The gold ore is owned at least in part by:

Goodman and Davis live in an area of New York City in which there is a 20-story limit on buildings.Goodman owns a 12-story building.Davis wishes to build a 26-story building.Goodman wants to sell Davis a portion of his unused air rights.The air rights being sold in this scenario are called:

If a river is navigable, the majority rule is that the state owns the riverbed.

The shore along oceanfront property is owned by the states.

It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:

State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Navigable airspace is defined in the same manner as navigable water.

The owner of real estate may sell her air rights to one person and her mineral rights to another person.

Mike begins an excavation on his land to construct a new building.The excavation causes a subsidence in neighboring lands and buildings owned by Molly, although Molly's land in its natural state would not have subsided.Assuming Mike was not negligent and there is no applicable state statute:

The Nature of Property

Rights in Land of Others

Types of Ownership

The Search for Real Estate

The Real Estate Contract

Title and Insurance

Financing the Real Estate Purchase

Closings and Taxation: Other Methods of Acquisition

Landlord and Tenant

Rights and Duties of Landowners and Occupants

Legal Planning and Regulation of Land Use

Environmental Law and Regulation

Filters

Exam 3: The Scope of Real Property

A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

Evans' tree hangs over Leppold's land.This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

A and B own adjacent lots.Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property. (Answers in boldface are correct)

Under the prior appropriation theory, the first person to appropriate water for a beneficial use has priority over later users.

Groundwater is water that flows across the ground outside of a riverbed.

A riparian owner owns land adjacent to a water course or stream.

A navigable (in the legal sense)river runs along the boundary between New York and Pennsylvania.Ned owns a farm along the New York side of the river Pete owns a farm in Pennsylvania across the river from Ned's farm.Who owns the riverbed, or at least part thereof, between the farms:

Under the following theory, a landowner is free to interfere with the natural flow of surface water that runs apart from its watercourse:

A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

Barney purchased 40 acres of land from Fred.Unknown to both parties, under the surface of the land was a rich vein of gold ore that extended beneath neighboring land owned by Wilma.The gold ore is owned at least in part by:

Goodman and Davis live in an area of New York City in which there is a 20-story limit on buildings.Goodman owns a 12-story building.Davis wishes to build a 26-story building.Goodman wants to sell Davis a portion of his unused air rights.The air rights being sold in this scenario are called:

If a river is navigable, the majority rule is that the state owns the riverbed.

The shore along oceanfront property is owned by the states.

It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:

State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Navigable airspace is defined in the same manner as navigable water.

The owner of real estate may sell her air rights to one person and her mineral rights to another person.

Mike begins an excavation on his land to construct a new building.The excavation causes a subsidence in neighboring lands and buildings owned by Molly, although Molly's land in its natural state would not have subsided.Assuming Mike was not negligent and there is no applicable state statute:

The Nature of Property

Rights in Land of Others

Types of Ownership

The Search for Real Estate

The Real Estate Contract

Title and Insurance

Financing the Real Estate Purchase

Closings and Taxation: Other Methods of Acquisition

Landlord and Tenant

Rights and Duties of Landowners and Occupants

Legal Planning and Regulation of Land Use

Environmental Law and Regulation

Filters