Deck 26: Real Property and Land Use Control

Question 1

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

Answer 1

False

Question 2

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

Answer 2

False

Question 3

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

Answer 3

True

Question 4

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

Question 5

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.

Question 6

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

Question 7

The government has no right to take private land for public use, because the protection of an individual's right to property is our most important right.

Question 8

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

Question 9

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

Question 10

A sale of real estate is a complicated transaction that involves certain formalities not required in a sale of goods.

Question 11

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.

Question 12

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

Question 13

With a tenancy at will, either party can terminate the tenancy without notice.

Question 14

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

Question 15

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

Question 16

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

Question 17

A license is a personal privilege that cannot be withdrawn or revoked.

Question 18

An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.

Question 19

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

Question 20

In both a tenancy in common, and a joint tenancy, each co-owner owns an undivided interest in the property.

Question 21

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

Question 22

A private restriction on the use of real property does not "run with the land" unless it is in writing and subsequent owners have reason to know of it.

Question 23

Gaye owns the surface rights for High Desert Ranch, which includes a house, a bunkhouse, and two barns. Industrial Mining Inc. owns the subsurface rights. When the company drills for and extracts the oil beneath the ranch, the surface subsides and the structures collapse. Most likely responsible for the damage is

A) Industrial Mining.
B) Gaye.
C) Industrial Mining and Gaye in proportion to the value of their rights.
D) no one.

Question 24

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

A) the land.
B) the mobile home.
C) the trees.
D) all of the choices.

Question 25

To acquire property by adverse possession, the possession must be secret or clandestine.

Question 26

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.

Question 27

The purpose of zoning is to prevent development altogether and to limit the government's ability to adapt to changing circumstances.

Question 28

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.

Question 29

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.

Question 30

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

Question 31

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.

Question 32

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

A) the planes fly over more than twice a day.
B) there are other routes the planes could take.
C) the flights are low and frequent, interfering with enjoyment of his land.
D) the planes are effectively taking private property for private use.

Question 33

The covenant of quiet enjoyment guarantees that a buyer of real property will not disturb the land or any of its neighbors.

Question 34

Nancy owns Office Tower, a commercial building situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to

A) the size of a cubic acre.
B) the limits of the current building market.
C) infinity and beyond.
D) the center of the earth and up to the sky.

Question 35

As long as zoning ordinances are rationally related to the health, safety, or welfare of the community, a municipal government has broad discretion to carry out zoning as it sees fit.

Question 36

Most states consider a warranty of habitability to be implied for the protection of the buyer in the sale of a new home, and some states hold that the warranty also protects subsequent buyers.

Question 37

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

A) without the other's consent.
B) only with the other's consent.
C) only when the other also passes title to what he owns.
D) only by first offering to buy out the other's rights.

Question 38

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

Question 39

Before a variance to a zoning restriction is granted, there must be a public hearing with adequate notice to neighbors who may object to the variance.

Question 40

Society's interest in ensuring that real property remains in the stream of commerce is one of the reasons for the doctrine of adverse possession.

Question 41

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

A) returns to Lamont.
B) automatically expires.
C) automatically renews.
D) passes to Kristen's heirs as personal property.

Question 42

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

A) the urn.
B) the throw rug.
C) the tile floor.
D) all of the choices.

Question 43

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is

A) a periodic tenancy.
B) a tenancy at will.
C) a tenancy at sufferance.
D) a fixed-term tenancy.

Question 44

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

A) a joint tenancy.
B) community property.
C) a tenancy in common.
D) ownership in fee simple.

Question 45

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

A) a license.
B) an easement.
C) a profit.
D) a right to adverse possession.

Question 46

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,

A) Frank can withdraw or revoke the right.
B) Giselle can exercise the right for the duration of her life.
C) Giselle can pass title to the right to her heirs.
D) Giselle can use Frank's property with impunity for perpetuity.

Question 47

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) a joint tenancy.
B) fee simple ownership.
C) community property.
D) illegal.

Question 48

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is

A) a periodic tenancy.
B) a fixed-term tenancy.
C) a tenancy at will.
D) a tenancy at sufferance.

Question 49

Ché has an easement that allows him to drive across Dale's land to get to Ché's house. With respect to Dale's land, Ché's right is

A) a possessory interest.
B) a nonpossessory interest.
C) a right to adverse possession.
D) the power of eminent domain.

Question 50

Mike owns a beach house in North Carolina in fee simple. This ownership interest is

A) potentially infinite in duration.
B) limited to the period of Mike's life.
C) limited to the period of the lives of Mike and his immediate heir.
D) subject to the withdrawal or recall of the previous owner.

Question 51

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

A) a fee simple absolute.
B) a life estate.
C) the right to adverse possession.
D) the power of eminent domain.

Question 52

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

A) a fee simple absolute.
B) a license.
C) a life estate.
D) a profit.

Question 53

Rosen is the life tenant of five hundred acres of land, on which is situated a previously existing mine. Rosen has the right to

A) use the land, including the mine, for any purpose, without qualification.
B) extract minerals from the mine, but not to dig a new mine.
C) extract minerals from the mine and to dig new mines.
D) none of the choices.

Question 54

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

A) a periodic tenancy.
B) a fixed-term tenancy.
C) a tenancy at will.
D) a tenancy at sufferance.

Question 55

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is

A) a joint tenancy.
B) community property.
C) a tenancy in common.
D) ownership in fee simple.

Question 56

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

A) a fee simple absolute.
B) a license.
C) a life estate.
D) a profit.

Question 57

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

A) Italo.
B) Jana.
C) Kessler.
D) all of the choices, in proportion to the value of their respective interests.

Question 58

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by

A) implied contract.
B) express contract.
C) any of the choices.
D) sufferance.

Question 59

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely

A) remains with Sergio absent notice by the tenant.
B) remains with Sergio until notice by Taylor.
C) remains with Sergio under an implied renewal or extension provision.
D) returns to Taylor.

Question 60

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

A) a fee simple absolute.
B) a life estate.
C) the right to adverse possession.
D) the power of eminent domain.

Question 61

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

A) the property is identified by metes and bounds instead of a plat map.
B) an undisclosed third person has an ownership interest in the property.
C) all of the choices.
D) the deed does not specify the type of estate being transferred.

Question 62

On a transfer of real property, the new owner should promptly record the deed because recording

A) covenants that the new owner has no knowledge of adverse claims.
B) gives notice to the public of the new, true owner.
C) is the method by which the title to the property is transferred.
D) implies that the possession of the property is actual, open, and visible.

Question 63

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

A) in an open, visible, and notorious manner.
B) in secret.
C) with or without interruption.
D) with the other's permission.

Question 64

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?

Question 65

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

A) none of the choices.
B) a quitclaim deed.
C) a deed of quiet enjoyment.
D) a warranty deed.

Question 66

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

A) the right to adverse possession.
B) a restrictive covenant.
C) inverse condemnation.
D) the power of eminent domain.

Question 67

Stop-to-Shop Inc. buys a section of land that is zoned exclusively residential. Intending to build a convenience store, car wash, and small mall on the property, the company seeks a variance. Many of the neighbors-single-family homeowners-want to object. Their best argument is that the variance

A) would allow the use of the land in a way not permitted by zoning rules.
B) is the least intrusive solution to the problem.
C) is necessary for reasonable development.
D) will alter the essential character of the neighborhood.

Question 68

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

A) movie theaters and sports stadiums.
B) any of the choices.
C) retail stores, offices, supermarkets, and hotels.
D) manufacturing, shipping, and heavy transportation.

Question 69

In a sale of real estate, if the seller does not have disclose a known, hidden defect that materially affects the value of the property and that the buyer could not reasonably be expected to discover, the buyer

A) acquires the property free from any encumbrances.
B) can rescind the contract.
C) is presumptively conveyed a fee simple absolute.
D) must discover and remedy the defect before any subsequent sale.

Question 70

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?

Question 71

In a sale of real estate, a buyer who discovers that the seller does not have marketable title

A) acquires the property free from any encumbrances or defects.
B) can rescind the contract.
C) is presumptively conveyed a fee simple absolute.
D) is guaranteed that the title has not been previously marketed, or sold.

Question 72

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) the map is filed before construction begins.
B) the restrictions are presumptively fee simple absolute.
C) the owner's possession of the property is actual and exclusive.
D) there is a reference to the map on each deed.