Deck 38: Real Property, Landlord-Tenant Law, and Land Use Regulation

Question 1

If a person owns real property in fee simple,his or her ownership is finite in duration.

Answer 1

False

Question 2

Property owners have no ownership interest in the air space above their property.

Answer 2

False

Question 3

Personal property can be transformed into real property,and real property can be transformed into personal property.

Answer 3

True

Question 4

If a person owns real property in fee simple,his or her ownership has no limitation on inheritability.

Question 5

If a person owns real property in fee simple,his or her ownership does not end upon the occurrence of any event.

Question 6

The highest form of land ownership is "fee simple defeasible."

Question 7

A life estate gives the owner more rights than a fee simple.

Question 8

Real property is immovable or attached to immovable land or buildings,whereas personal property is movable.

Question 9

A fee simple owner has the right to exclusively possess and use his property to the extent that the owner has not transferred any interest in the property.

Question 10

Houses,apartment buildings,manufacturing plants,and office buildings constructed on land are real property.

Question 11

Plant life growing on land is considered real property,whether natural or cultivated.

Question 12

Plant life that is severed from the land is considered real property.

Question 13

Fixtures are the most common form of real property.

Question 14

A freehold estate is an estate in which the owner has a future possessory interest in the real property.

Question 15

A person's ownership right in real property is called intellectual property.

Question 16

Property is usually classified as either real or personal property.

Question 17

The type of estate that an owner possesses is determined from the deed,will,lease,or other document that transferred the ownership rights to him or her.

Question 18

An estate is defined as the bundle of legal rights that the owner has to possess,use,and enjoy the property.

Question 19

There are three (3)types of freehold estates: fee simple conditional,fee simple unconditional,and life estate.

Question 20

The surface rights and the sub-surface rights for the same parcel of real property can be owned by two different persons.

Question 21

Tenancy by the entirety is a form of co-ownership of real property that can be used only by married couples.

Question 22

In a tenancy by the entirety,the surviving spouse has the right of survivorship.

Question 23

A fee simple defeasible is also known as an unqualified fee.

Question 24

The most distinguishing feature of a joint tenancy is the co-owners' right of survivorship.

Question 25

The community property method of co-ownership is based on the notion that a husband and wife should share equally in the "fruits" of the marital partnership.

Question 26

Unless otherwise agreed,a tenant in common can sell,give,devise,or otherwise transfer his or her interest in the property without the consent of the other co-owners.

Question 27

Tenancy by the entirety is indistinguishable from joint tenancy in that neither spouse may sell or transfer his or her interest in the property without the other spouse's consent.

Question 28

Twenty-six (26)states recognized a form of co-ownership known as community property.

Question 29

A joint tenancy requires that the property owners be related.

Question 30

A life estate may be measured by the life of a third party.

Question 31

Purchasers of a condominium own the common areas as tenants in common with the other owners.

Question 32

The community property method of co-ownership applies only to married couples.

Question 33

A life estate measured by the life of a third party is called an estate pour autre mort.

Question 34

Under community property laws,each spouse owns an equal one-half share of the income both spouses earned during the marriage and one-half of the assets acquired by this income during the marriage,regardless of who earns the income.

Question 35

In a tenancy in common,the interests of a surviving tenant in common pass to the deceased tenant's estate and not to the co-tenants.

Question 36

Forty-six (46)states recognize tenancy by the entirety.

Question 37

The joint tenancy right of survivorship means that upon the death of one of the co-owners,the deceased person's interest in the property automatically passes to the surviving joint tenant or joint tenants.

Question 38

If a married couple who lives in a non-community property state purchases real property located in a community property state,community property laws apply to that property.

Question 39

Because a life estate lasts only as long as someone's life,it cannot be sold to another.

Question 40

Gifts received during a marriage are not considered part of community property.

Question 41

A deed is an instrument used to transfer ownership of real property,but does not prove that the holder currently owns the property.

Question 42

An easement appurtenant is created when the owner of one piece of land is given an easement over a non-adjacent piece of land.

Question 43

A certification of title is a chronological history of the chain of title and encumbrances affecting the property.

Question 44

A quitclaim deed contains the greatest number of warranties and provides the most protection to a grantee.

Question 45

A cooperative is a form of co-ownership of a single-dwelling building.

Question 46

The Torro system is a method of determining title to real property in a judicial proceeding at which everyone claiming an interest in the property can appear and be heard.

Question 47

In most states,a valid real estate sales contract may be in writing,or it may be based on oral statements at the option of the buyer and the seller.

Question 48

The person who is entitled to the future interest in a reversion is called a remainder beneficiary.

Question 49

The two (2)forms of future interests are conversion and joinder.

Question 50

One does not become the owner of property until the deed is recorded.

Question 51

A reversion is the right of possession that returns to the grantor after the expiration of a limited or contingent estate.

Question 52

In most states,a person who wrongfully possesses someone else's property obtains title to that property if certain statutory requirements are met.This is called adverse possession.

Question 53

A warranty deed will protect a grantee regarding a mortgage from one hundred years ago.

Question 54

If the right of possession returns to a third party upon the expiration of a limited or contingent estate,it is called a reversion.

Question 55

Once title insurance is purchased,it is good for all subsequent sales of the land covered,and does not need to be repurchased.

Question 56

If a reversion follows a life estate,upon the termination of the life estate,the property will transfer to someone other than the party who granted the life estate.

Question 57

A person who is concerned about his or her ownership rights in a parcel of real property can bring a quiet title action,which is a lawsuit to have a court determine the extent of those rights.

Question 58

If you rent property for an uninterrupted statutory period of time,you become the owner of the property by adverse possession.

Question 59

Reversionary interests must be expressly stated.

Question 60

Recording of a deed gives constructive notice to the world of the owner's interest in the property.

Question 61

A "tenant at sufferance" is not obligated to pay rent,because he or she is not subject to a lease,and therefore has no contractual obligations.

Question 62

In a "double net" lease,the tenant is responsible for paying rent,but not property taxes.

Question 63

In an easement appurtenant,the land over which the easement is granted is called the dominant estate,and the land that benefits from the easement is called the servient estate.

Question 64

The right to go on someone else's land and remove minerals,soil or water is called a license.

Question 65

An "easement in gross" occurs where the servient and dominant estates are adjacent.

Question 66

Joe and Mary are renting an apartment,and have six children.After three years they move,and the landlord discovers that the rugs are worn out and that there are random scuff marks on many walls,although there are no holes in the walls.The landlord can replace the rugs and have the apartment painted and then force Joe and Mary to pay for the repairs,due to a violation of their duty not to commit waste.

Question 67

If a "month-to-month" periodic tenancy exists,under common law either party must give a one-month notice to terminate the tenancy.

Question 68

A lease for a fixed term of three months is a "tenancy for years."

Question 69

An "easement by implication" is an easement acquired by adverse possession.

Question 70

A "tenancy at will" may not be created by implication.

Question 71

If a tenant stops paying rent,the landlord may claim a constructive eviction and have the tenant removed from the premises.

Question 72

A profit-a-prendre gives the holder the right to remove something (for example,gravel,minerals,grain,or timber)from another's real property.

Question 73

The New Horizons apartment complex has just hired a new maintenance man who has a history of violent crimes and theft.New Horizons did not conduct a background check on him,because the apartment complex was desperate to find someone quickly.If this maintenance man were to assault a tenant without justifiable cause,New Horizons is not liable,because it does not owe a duty of care to tenants regarding the intentional acts of its employees.

Question 74

A tenant who has been constructively evicted can sue for damages,but cannot treat the lease as terminated.

Question 75

The electric and cable companies have an easement in gross allowing them to enter property to install and repair their equipment.

Question 76

In real property law,one characteristic of a license is that it can be revoked at any time by the grantor of the license.

Question 77

An owner of land-locked property may never obtain an easement by necessity over adjoining land in order to reach a public road,because the owner should have been aware of the problem when the land was purchased.

Question 78

Easements by prescription pertain only to land around hospitals.

Question 79

A landlord does not have a right to limit the legal uses to which a tenant puts the property.

Question 80

An "easement by grant" automatically occurs when land-locked property is sold.