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

Question 1

Which of the following is true of an ownership of real property in fee simple absolute?

A) It cannot be inherited.
B) It terminates based on the occurrence of a specified event.
C) It is infinite in duration.
D) It cannot be transferred at will.

Answer 1

C

Question 2

Which of the following is true of subsurface rights in real property?

A) Subsurface rights cannot be used to mine radioactive elements.
B) Subsurface rights can be sold separately from surface rights.
C) Minerals found beneath real property have to be given up to the government.
D) Subsurface rights can only be invoked to dig oil wells.

Answer 2

B

Question 3

Plant life that is severed from the land is considered to be ________.

A) intangible property
B) immovable property
C) real property
D) personal property

Answer 3

D

Question 4

After the death of Horace,the other two joint tenants of the luxury dining restaurant "Rendezvous" became the owners of Horace's interest in the property automatically.This feature of their concurrent ownership is called ________.

A) quiet title action
B) adverse possession
C) nonconforming use
D) right of survivorship

Question 5

Which of the following provisions protects the interest of a joint tenancy upon the death of a joint tenant?

A) the quiet title action
B) the estate in land
C) the right of survivorship
D) the quitclaim deed

Question 6

Which of the following best describes air rights?

A) develop natural and cultivated plant life on the land
B) legally block the airspace above the land from commercial use
C) lease or sell the space above the property for commercial purposes
D) create fixtures inside the real property that become a part of the sale agreement

Question 7

The rights to the earth located beneath the surface of the land are known as ________.

A) chattel rights
B) air rights
C) mineral rights
D) joint rights

Question 8

What are surface rights in real property?

A) the right to possess the earth beneath the land
B) the right to occupy the land
C) the right to possess personal property
D) the right to convert personal property to negotiable instruments

Question 9

Land,buildings,trees,soil,minerals,timber,plants,and other things permanently affixed to the land are known as ________.

A) oversees property
B) intangible property
C) personal property
D) real property

Question 10

In which of the following conditions does a joint tenancy become a tenancy in common?

A) when a joint tenant sells his or her property
B) when one of the joint tenants dies
C) when two joint tenants interchange their share in the tenancy
D) when two joint tenants are bound by a marital relationship

Question 11

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

A) eminent domain
B) estate in land
C) easement
D) arraignment

Question 12

Which of the following is a form of co-ownership that disallows the right of survivorship and allows unilateral transfer of interest?

A) a tenancy in common
B) a joint tenancy
C) a cooperative
D) a tenancy by the entirety

Question 13

Which of the following best describes a fixture?

A) goods that are closely associated with a piece of real property
B) intangible properties that are created inside the premises of a real property
C) parts of a real property that is easily transferrable without substantial damage to the property
D) goods that cannot be classified as personal property or real property

Question 14

________ is a form of co-ownership that includes the right of survivorship.

A) Tenancy in common
B) Joint tenancy
C) Cooperatives
D) Tenancy by the entirety

Question 15

A ________ is an interest in real property that lasts for a specified person's lifetime.

A) life estate
B) fee simple absolute
C) life insurance
D) fee simple defeasible

Question 16

A life estate that is measured by the life of a third party is known as ________.

A) estate pour autre vie
B) servient estate
C) community property
D) adverse possession

Question 17

Plant life and vegetation growing on the surface of land are considered to be ________.

A) intangible property
B) real property
C) personal property
D) public property

Question 18

A(n)________ is an example of real property.

A) building
B) patent
C) automobile
D) work of art

Question 19

A(n)________ is an estate in which the owner has a present possessory interest in the real property.

A) estate pour autre vie
B) freehold estate
C) future interest
D) easement

Question 20

A ________ is a type of ownership of real property that grants the owner the fullest bundle of legal rights that a person can hold in real property.

A) fee simple absolute
B) life estate
C) servient estate
D) fee simple defeasible

Question 21

The passing of title from a seller to a buyer for a price is known as a(n)________.

A) license
B) easement
C) lease
D) conveyance

Question 22

________ is a title to real property that is free from any encumbrances or other defects that are not disclosed but would affect the value of the property.

A) Remainder title
B) Marketable title
C) Reversion title
D) Nonconforming title

Question 23

Which of the following best describes a quiet title action?

A) a lawsuit to determine the rightful owner of a disputed property and his or her rights
B) a lawsuit to enforce the right to survivorship to the holder of the title deed
C) a lawsuit asking for the release of the details of a separate property from a couple
D) a lawsuit to obtain reimbursement for losses caused by undiscovered defects in title

Question 24

A deed in which the grantor of real property transfers whatever interest he has in the property to the grantee is known as a ________.

A) quitclaim deed
B) general warranty deed
C) grand deed
D) special warrant deed

Question 25

A ________ is a form of co-ownership of real property that can be used only by married couples.

A) cooperative
B) tenancy in common
C) joint tenancy
D) tenancy by the entirety

Question 26

A(n)________ is issued by the courts to the rightful owner following the Torrens method of determining title to the real property.

A) title insurance
B) abstract of title
C) certificate of title
D) restraining order

Question 27

A ________ is a situation in which a person holds an interest in another person's property without actually owning any part of the property.

A) present possessory interest
B) future interest
C) reversion
D) nonpossessory interest

Question 28

A(n)________ is a situation in which a person who wrongfully possesses someone else's real property obtains title to that property if certain statutory requirements are met.

A) adverse possession
B) reversion
C) nonpossessory interest
D) future interest

Question 29

A(n)________ is the chronological history of the chain of title and encumbrances affecting the property.

A) abstract of title
B) certificate of title
C) title insurance
D) quiet title action

Question 30

Which of the following defines a remainder as a form of a future interest?

A) It is a right of possession that returns to the grantor after the expiration of a limited or contingent estate.
B) It is a right of possession that returns to a third party upon the expiration of a limited or contingent estate.
C) It is a form of concurrent possession of a multiple-dwelling building in which a corporation owns the building and the residents own shares in the corporation.
D) It is a form of concurrent possession that includes the right of survivorship.

Question 31

________ deeds are most often used when property is transferred between relatives by gift or otherwise.

A) Quitclaim
B) Special warranty
C) General warranty
D) Grand

Question 32

Which of the following is the default title conveyed to the buyer in a sale of real estate?

A) life estate
B) servient estate
C) fee simple absolute
D) fee simple defeasible

Question 33

When one of the spouses owning a community property dies,and there is no will,the surviving spouse automatically receives one-half of the community property;and the other half passes to the heirs of the deceased spouse,according to a(n)________.

A) intestate statute
B) zoning ordinance
C) express easement
D) nonconforming use

Question 34

A(n)________ authorizes a person who does not own adjacent land the right to use another person's land.

A) profit
B) license
C) easement appurtenant
D) easement in gross

Question 35

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

A) reversion
B) remainder
C) quiet title action
D) nonconforming use

Question 36

Which of the following best describes a servient estate?

A) a piece of land that is being examined for an abstract of title
B) a piece of land over which an easement is granted
C) a piece of land which has concurrent owners
D) a piece of land that comes under a zoning ordinance

Question 37

A situation created when the owner of one piece of land is given an easement over an adjacent piece of land is called a(n)________.

A) profit-à-prendre
B) easement by license
C) easements in gross
D) easement appurtenant

Question 38

A common form of ownership in a multiple-dwelling building in which the purchaser has title to the individual unit and owns the common areas as a tenant in common with the other owners is called a ________.

A) ranch
B) barndominium
C) condominium
D) cooperative

Question 39

A(n)________ is an instrument that describes a person's ownership interest in a piece of real property.

A) title insurance
B) deed
C) license
D) easement

Question 40

Which of the following describes future interest?

A) an interest in real property that involves actual and current possession
B) an interest in an estate that represents the highest form of ownership
C) an interest in real property that has been sold or permanently transferred to a third party
D) an interest in real property that a grantor retains for himself or herself or a third party

Question 41

Which of the following best describes a profit-à-prendre?

A) a document that grants a person the right to remove something from another's real property
B) a form of insurance obtained for losses caused by undiscovered defects in real property title
C) a judicial proceeding where a certificate of title is awarded to the real owner to property
D) a type of easement that grants a person the right to use another's land but disallows the usage of any personal property

Question 42

The government's power to take private property for public use provided that just compensation is paid to the private property holder is known as ________.

A) future interest
B) constructive eviction
C) adverse possession
D) eminent domain

Question 43

A tenancy created when a landlord and a tenant agree on a specific duration for a lease is known as a ________.

A) tenancy for years
B) periodic tenancy
C) tenancy by the entirety
D) tenancy at sufferance

Question 44

A party to whom a tenant transfers all of his or her rights under a lease is known as a(n)________.

A) lessee
B) assignee
C) consignee
D) licensee

Question 45

A ________ is a tenancy created when a tenant retains possession of property after the expiration of another tenancy or a life estate without the owner's consent.

A) periodic tenancy
B) tenancy at will
C) tenancy at sufferance
D) tenancy for years

Question 46

A tenant's interest in the real property is called a(n)________.

A) easement estate
B) free simple absolute estate
C) gifted estate
D) leasehold estate

Question 47

A(n)________ is a document that grants a person the right to enter upon another's property for a specified and usually short period of time.

A) title insurance
B) easement
C) license
D) deed

Question 48

An estate where the tenant has a right to possess the real property but does not own title to the property is called ________.

A) free simple absolute estate
B) gifted estate
C) nonfreehold estate
D) easement estate

Question 49

A tenancy created when a lease specifies intervals at which payments are due but does not specify how long the lease is for is known as a ________.

A) periodic tenancy
B) tenancy at will
C) tenancy for years
D) tenancy at sufferance

Question 50

A transfer of the right to the possession and use of real property for a set term in return for certain consideration is known as a(n)________.

A) title transfer
B) lease
C) novation
D) easement

Question 51

________ occurs where an owner sells land that he or she owns to another party but reserves an easement on the sold land.

A) Easement by grant
B) Easement by implication
C) Easement by necessity
D) Easement by reservation

Question 52

The original tenant who transfers some or all of his rights under a lease is known as a(n)________.

A) sublessor
B) sublessee
C) assignor
D) assignee

Question 53

The ________ is an assurance that provides that leased premises must be fit,safe,and suitable for ordinary residential use.

A) assignment of a lease
B) implied warranty of habitability
C) duty to deliver possession
D) zoning ordinance

Question 54

The ________ Clause of the U.S.Constitution allows the government to take property for "public use."

A) Due Process
B) Just Compensation
C) Double Jeopardy
D) Ratification

Question 55

A ________ is an exception that permits a type of building,or use in an area that would not otherwise be allowed by a zoning ordinance.

A) variance
B) fixture
C) dominant estate
D) servient estate

Question 56

Which of the following forms of tenancy involves the possession of property without right?

A) tenancy at sufferance
B) periodic tenancy
C) tenancy for years
D) tenancy at will

Question 57

Which of the following is true of the government's power of eminent domain?

A) It does not allow the owner of the property to make a case for keeping the property.
B) It requires payment of compensation by the government to the owner of the property.
C) It does not apply to state and local governments.
D) It allows the government to set up zoning areas.

Question 58

The ________ is a federal statute that makes it unlawful for a party to refuse to sell,rent,finance,or advertise housing to any person because of his or her race,color,national origin,sex,religion,disability,or family status.

A) Rent Stabilization Law of 1969
B) Americans with Disabilities Act of 1990
C) Fair Housing Act of 1968
D) Civil Rights Act of 1866

Question 59

The transfer by a tenant of all of his or her rights under a lease to another party is known as an ________.

A) assignment
B) easement
C) accommodation
D) arraignment

Question 60

An arrangement in which a tenant transfers some of his or her rights under a lease to another party is known as a ________.

A) gross lease
B) net lease
C) sublease
D) triple lease

Question 61

A quitclaim deed is exclusively used as a deed from a seller to a buyer.

Question 62

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

Question 63

An attorney examines an abstract of title and renders an opinion concerning the status of the title when assuring a marketable title.

Question 64

Property that is acquired through gift or inheritance either before or during marriage remains separate property.

Question 65

If the sale agreement is silent as to whether an item is a fixture,the item is treated as a fixture.

Question 66

A special warranty deed contains the greatest number of warranties and provides the highest level of protection to a grantee.

Question 67

Residential leases are often prepared by the landlord and presented to the tenant.

Question 68

A life tenant is treated as the owner of the property during the duration of the life estate.

Question 69

A tenancy in common may be created by express words.

Question 70

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 71

Air rights allow landowners to privatize the airspace above their lands,and levy charges against violators or trespassers.

Question 72

The person who is given a life estate is called the life assignee.

Question 73

Reversions do not have to be expressly stated because they arise automatically by law.

Question 74

Subsurface rights may be sold separately from surface rights.

Question 75

A sale,or conveyance,is the most common method for transferring ownership rights in real property.

Question 76

Recording statutes are intended to prevent fraud and to establish certainty in the ownership and transfer of property.

Question 77

When land is sold,any plant life growing on the land is included,unless the parties agree otherwise.

Question 78

There are only two types of freehold estates: fee simple absolute (or fee simple)and fee simple defeasible (or qualified fee).

Question 79

The land over which the easement is granted is called the dominant estate.

Question 80

A tenant's interest in the real property is known as a nonfreehold estate.