Deck 1: Introduction to the Law of Real Property

Question 1

An estate limited in its duration to a fixed period of time is known as a life estate.

Answer 1

False

Question 2

Occupancy of land by someone without the permission of the owner is a trespass.

Answer 2

True

Question 3

A person who receives property under a will is called an heir.

Answer 3

False

Question 4

Adverse possession must always be with the consent of the owner.

Question 5

Life estates are not transferable during the lifetime of the owner.

Question 6

A promise to make a gift is generally revocable.

Question 7

Since the law does not favor the free right to transfer of ownership, the law will approve almost any restraint on an owner's right to transfer ownership of property.

Question 8

A fee simple on condition subsequent estate automatically expires on the happening or nonhappening of the event stated in the deed of conveyance or the will creating the estate.

Question 9

The law of real property, in general, is governed by the law of the state in which the owner of the real property resides.

Question 10

A life estate must always be for the life of the owner.

Question 11

Inheritance is the passage of ownership of real property from a person who dies without a will.

Question 12

A fixture is classified as real property.

Question 13

The tacking of possession of two adverse possessors is never permitted.

Question 14

At common law, an estate at will could be automatically terminated.

Question 15

An estate at will is real property that passes by last will and testament.

Question 16

A fee simple absolute estate has a potential infinite duration and unrestricted inheritability.

Question 17

A life estate owner must share the income generated from the life estate with the owner of the remainder interest.

Question 18

If the owner of a life estate commits waste, the life estate will terminate, even though the owner is alive.

Question 19

An owner of real property generally does not own the airspace above the surface of the land.

Question 20

The more attached an item of personal property is to real property, the more likely the item is a fixture.

Question 21

A dog would be classified as tangible personal property.

Question 22

A court in determining that an item is a fixture will consider which of the following:

A) the extent of the attachment of the item to the building
B) the intention of the parties
C) the character of the article in its adaptation to the real property
D) all of the above

Question 23

Which of the following are considered acts of possession?

A) enclosure
B) cultivation
C) occupancy
D) construction of improvements
E) all of the above

Question 24

Generally, the following system of law governs the law of real property:

A) federal law
B) law of the state of the owner's residence
C) law of the state in which the real property is located
D) none of the above
E) all of the above

Question 25

The law of appropriation is found in western states where water is scarce.

Question 26

A property owner has the right to alter the natural flow of surface water.

Question 27

Under the law of appropriation, water is given to the property owner who uses the water first.

Question 28

A deed that conveys property to an owner "so long as the land is used for an avocado farm" creates an estate known as:

A) fee simple on condition subsequent
B) estate for years
C) estate at will
D) fee simple determinable

Question 29

Which of the following is not considered real property?

A) buildings
B) fixtures
C) corn
D) elm tree

Question 30

In addition to adverse possession being adverse, it must also be:

A) public
B) peaceful
C) exclusive
D) continuous
E) all of the above

Question 31

Henry transfers a life estate to Susan with the remainder to Tom. Tom dies before Susan. On Susan's death, the property owner is:

A) Aaron
B) Susan's heirs
C) Tom's heirs
D) Henry's heirs

Question 32

Under the riparian rights doctrine, an owner of riparian land has the right to use water equally with other owners of riparian lands.

Question 33

The conveyance of real property in a will is referred to as:

A) inheritance
B) estate at will
C) devise
D) gift

Question 34

The adding together of periods of adverse possession is called:

A) lapping
B) tacking
C) accretion
D) appending
E) none of the above

Question 35

Failure by an owner of a life estate to adequately maintain the property subject to the life estate is known as:

A) descent
B) waste
C) devise
D) none of the above

Question 36

Which of the following items would not be classified as personal property?

A) automobile
B) wheat
C) fixture
D) stock certificate

Question 37

Henry transfers property to Susan for the life of Tom, then to Kevin. On the death of Susan, the property owner is:

A) Tom
B) Kevin
C) Susan's heirs
D) Henry
E) none of the above

Question 38

Appropriation is found in states where water is abundant.

Question 39

The typical period that a person must possess real property in order to be an adverse possessor is:

A) 1 to 3 years
B) 25 years
C) 30 years
D) 7 to 20 years
E) none of the above

Question 40

A copyright would be classified as tangible personal property.

Question 41

Aaron conveys to Bill an estate of property for 20 years and upon the expiration of the 20 years then to Carol. Carol's estate in the property would be:

A) estate for 20 years
B) estate at will
C) remainder in fee simple
D) successor estate for years

Question 42

The main methods of acquiring ownership to real property are:

A) inheritance
B) gift
C) sale
D) devise
E) all of the above

Question 43

Which of the following would not be considered tangible personal property:

A) horse
B) Certificate of Deposit
C) cell phone
D) chair