Deck 38: Real Property

Question 1

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

Answer 1

True

Question 2

Airspace-rights cases sometimes involve the right of individuals and governments to seed clouds and produce artificial rain.

Answer 2

True

Question 3

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

Answer 3

False

Question 4

When crops are sold separate from the land on which they are grown, they are considered personal property.

Question 5

A fee simple is limited in duration to the life of the owner.

Question 6

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

Question 7

Real property includes subsurface rights.

Question 8

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

Question 9

A fee simple absolute is an estate or interest in land with no ownership limitations other than government regulations on the use of the land.

Question 10

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

Question 11

Property ownership rights can be limited through certain types of property transfers.

Question 12

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

Question 13

The most common type of property ownership today is the fee simple.

Question 14

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

Question 15

When a parcel of land is sold, and the land has crops growing on it, the sale does not include the crops, unless specified in the sales contract.

Question 16

Real property is any tangible property.

Question 17

Fixtures are included in the sale of land if the sales contract does not provide otherwise.

Question 18

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

Question 19

In many states, a subsurface owner who excavates is responsible for any damage that the excavation causes to buildings on the surface.

Question 20

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

Question 21

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

Question 22

Jack owns a parcel of land. Jack tows a mobile home to the parcel and attaches it to the utility system near a stand of Douglas fir trees. Jack's real property consists of

A) the land and trees only.
B) the land only .
C) the land, trees, and mobile home.
D) the mobile home only.

Question 23

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

Question 24

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 25

Adverse possession is a means of obtaining title to land without delivery of a deed.

Question 26

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 27

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 28

Jay owns a farm in Kansas, with a farmhouse, barn, and other structures permanently attached. Jay grows corn on the property. Land includes

A) the corn, the soil, and the structures.
B) the corn and the soil only .
C) the soil only.
D) the structures and the soil only.

Question 29

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 30

The government has the right to acquire possession of real property whenever the public interest requires it.

Question 31

All legal interests in land include the right to possess the property .

Question 32

All deeds provide the same degree of protection against defects of title.

Question 33

Kent owns the land on which the Longhorn Cattle Ranch is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Kent's sister Milly owns everything else on the farm-equipment, feed, and so on. The real property is owned by

A) Kent and Milly.
B) Kent only .
C) the ranch.
D) Milly only.

Question 34

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

Question 35

With few exceptions, the owner of life estate has an exclusive right to possession during his or her life.

Question 36

The covenant of quiet enjoyment is a promise that the buyer will not be disturbed in his or her possession of the land.

Question 37

Ownership in fee simple passes to the state if the owner does not have a will to transfer the ownership.

Question 38

Commonly, ownership interests in land are transferred by sale.

Question 39

If the owner of land dies without a will, state inheritance statutes prescribe how and to whom the property will pass.

Question 40

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 41

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

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

Question 42

Refer to Fact Pattern 38-1. Allen conveys some of his land "to Dona for her life." Allen has given Dona

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

Question 43

With respect to Marco's land, Jacob has an easement and Kristin has a profit. A right to possess the land is owned by

A) Marco.
B) Jacob.
C) Kristin.
D) Jacob and Kristin.

Question 44

Nancy owns Office Tower, which is 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 45

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

A) the power of eminent domain.
B) a license.
C) an easement.
D) a profit.

Question 46

Sol allows Tiffany to camp on his land for several days and take photos for an upcoming exhibit of landscape photography. Sol has given Tiffany

A) a fee simple absolute.
B) a license.
C) a profit.
D) an easement.

Question 47

Vance owns a field where he grows cotton. When he sells the field to Wilson, he includes the cotton that is growing in the field. This sale is governed by

A) the Uniform Commercial Code.
B) none of the choices .
C) real property law.
D) personal property law.

Question 48

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

A) the Uniform Commercial Code.
B) none of the choices .
C) real property law.
D) personal property law.

Question 49

Colleen owns a house. In the house is a throw rug on the floor, a heavy decorative urn in a corner, and a rack for hanging pots that is bolted to the ceiling of the kitchen. Most likely to meet the definition of a fixture is

A) the urn.
B) the throw rug .
C) the hanging rack.
D) the house.

Question 50

Leon conveys his nineteenth-century mansion to Main Street Historical Society in fee simple absolute. In the mansion, Leon now has

A) a partial ownership interest.
B) an easement.
C) no interest.
D) a profit.

Question 51

Utility Company has the right to run its power lines across Vera's land. This is

A) a license.
B) an easement.
C) a profit.
D) a fee simple absolute.

Question 52

Alexis sells half of her land, including a reservoir, to Bev. In the deed, Alexis retains the right to remove a limited amount of water per day from the reservoir. This right is

A) a fee simple absolute.
B) a license.
C) an easement.
D) a profit.

Question 53

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

A) Ida.
B) Gary.
C) Ida and Gary in equal measure.
D) no one.

Question 54

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 55

Derek owns a parcel of timberland that he deeds 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 56

Fact Pattern 38-1 Allen owns the Buffalo Ranch in California. Allen'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 he sees fit.
Refer to Fact Pattern 38-1. Allen's ownership interest is

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

Question 57

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 58

Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas Station property, which is adjacent to Car Wash's facility. Car Wash has

A) a fee simple absolute.
B) a license.
C) an easement.
D) a profit.

Question 59

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

A) use the land, including the mine, for whatever purpose he sees fit.
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) use the land but not the mine.

Question 60

Garcia deeds a parcel of land to Homes for the Homeless, a local charity, for which Garcia takes a tax deduction. He has given the charity

A) a fee simple.
B) a life estate.
C) a license.
D) none of the choices.

Question 61

The deed that contains the most extensive covenants, or promises, against defects of title is

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

Question 62

The government decides where to build a new highway and it needs to take some property from private landowners. The government is allowed to condemn property through

A) the right to adverse possession.
B) an easement.
C) a profit.
D) the power of eminent domain.

Question 63

The interests in land that do not include any rights to possess the property include

A) a fee simple absolute.
B) a life estate.
C) an easement.
D) an easement and a life estate.

Question 64

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 by the government.
D) with the other's permission.

Question 65

Vern sells his apple orchard to Winnie. On Winnie's payment of the price, Vern transfers the title by deed. Vern is

A) the grantee.
B) the grantor .
C) the grantee of the price and the grantor of the land.
D) the grantee of the land and the grantor of the price.

Question 66

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 deed is

A) a limited deed.
B) a quitclaim deed.
C) a deed of quiet enjoyment.
D) a warranty deed.

Question 67

Frank tells Grover that he can swim in Frank's lake whenever he wants. With respect to Grover's right to swim in the lake,

A) Frank can withdraw or recall the right at any time.
B) Grover can exercise the right for the duration of his life .
C) Grover can pass title to the right to his heirs.
D) Grover can force his way into Fran's lake whenever he sees fit.

Question 68

Center 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. This is

A) the right to adverse possession.
B) an easement.
C) a profit.
D) the power of eminent domain.

Question 69

Presidio Homes is interested in buying a large tract of land west of Heber City to develop a subdivision. The property currently is owned by Melissa Hakes. Melissa's family has owned that property for several generations. She has cousins who own property on both sides of the tract Presidio is interested in buying. Because the property has stayed in the family, no one has measured the boundaries or had any appraiser come out to determine if fence lines are on the property lines. Discuss Presidio's options for deeds and what sort of deed is most likely going to be used for this sale.

Question 70

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 71

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?

Question 72

To transfer the title to Oliver's warehouse to Pete by deed requires

A) Pete's signature.
B) Oliver's signature.
C) the signatures of the neighbors.
D) the signatures of the parties' attorneys.