Exam 38: Real Property

To obtain the title to land without delivery of a deed, one person must possess the property of another

Landscaping Company has the right to enter onto Mabel's land and remove gravel from certain acreage. This is

Gary owns the surface rights for High Desert Ranch, which includes a house, a bunkhouse, and two barns. Ida owns the subsurface rights. When Ida drills for and extracts the oil beneath the ranch, the surface collapses and the structures are destroyed. Most likely responsible for the damage is

One who possesses the maximum rights of property ownership holds the property as a life estate.

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

The owner of a life estate has the same rights as a fee simple owner, including the right to sell the property or pass it to his or heirs.

Lily owns a farm in Minnesota on which she grows organic produce. She sells the produce to Nora, and the farm separately to Olga. The sale of the produce is governed by

Metro 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. Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project. Nate's Deli is adjacent to the project. Nate's loses most of its business when the residents are moved. Nate's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation. What is a taking? What might the deli owner claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

The condemnation power of the government to take land for a public use is known as the right of adverse possession.

Real property includes subsurface rights.

An owner cannot separate ownership of the airspace or the subsurface from the land.

The rights that accompany a fee simple include the right to use the land for whatever purpose the owner sees fit.