Deck 24: Real Property

Question 1

In community property states,land acquired during marriage will be deemed community property.

Answer 1

True
Explanation: Property acquired during the marriage through a spouse's industry or efforts is classified as community property.Each spouse has an equal interest in such property regardless of who produced or earned the property.

Question 2

Real property includes land but does not include residential buildings and permanent structures.

Answer 2

False
Explanation: Real property includes not only land,but also things firmly attached to or embedded in land.Buildings and other permanent structures thus are considered real property.

Question 3

The term "estate" is used to describe the nature of an individual's ownership interest in real property.

Answer 3

True
Explanation: Estate is a term that references an individual's ownership interest in real property.

Question 4

A fee simple absolute gives a person the right to possess and use property for a time measured by his or another person's lifetime.

Question 5

When a tenant in common dies,his interest in the property does not automatically transfer to the other tenants in common.

Question 6

The owner of a tract of real property owns the air above it and the minerals below its surface.

Question 7

Typically,landowners bring public nuisance actions.

Question 8

Alex executed a deed in favor of Baxter which conveys in his favor whatever title he has at the time he executes the deed.This deed is called a warranty deed.

Question 9

To acquire title to property by adverse possession,the adverse possessor must continuously use the property for a statutorily prescribed period of time.

Question 10

An easement by necessity is created when real property once held in common ownership is subdivided in such a fashion that the only reasonable way a new owner can gain access to her land is through passage over another's land that was once part of the same tract.

Question 11

A fixture is an attached item that is considered to be part of the real property.

Question 12

The implied warranty of habitability amounts to a guarantee that the house is free of latent defects that would render it unsafe or unsuitable for human habitation.

Question 13

Remote control devices used for automatic garage doors are examples of fixtures.

Question 14

One requirement of a joint tenancy is that the co-owners must be married.

Question 15

An easement is a transfer of ownership of real property from one person to another.

Question 16

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

Question 17

A deed that provides notice to the public at large about the grantee's property interest is called a recorded deed.

Question 18

Mr.Green sneaks into a hunting property owned by Mr.Blue.Mr.Green builds a basic structure that is hidden from plain view.Ten years later,Mr.Green files for title of the property.A court will reject Mr.Green's assertion of ownership of the property.

Question 19

The power of eminent domain enables a private citizen to sue neighbors for any kind of nuisance.

Question 20

An exclusive right to sell contract means that a broker receives a commission on a sale of the property even if the seller found the buyer.

Question 21

Which of the following is a true statement about easements?

A)It gives the right to make certain uses of another's property.
B)They are more informal than licenses.
C)It pertains to personal rather than real property.
D)They cannot pass with the land.

Question 22

Jane and her brother each own a 1/2 interest in certain real property as tenants in common.Assuming Jane has a will,Jane's interest:

A)is considered personal property.
B)will pass to her brother by operation of law upon Jane's death.
C)will pass upon her death to the person Jane designates in her will.
D)may not be transferred during Jane's lifetime without her brother's consent.

Question 23

Ivor,Queen,and Lear own a building as joint tenants with the right of survivorship.Ivor donated his interest in the building to Day Charity by executing and delivering a deed to Day.Both Queen and Lear refused to consent to Ivor's transfer to Day.Subsequently,both Lear and Queen died.After their deaths,Day's interest in the building consisted of:

A)total ownership due to the deaths of Queen and Lear.
B)no interest because Queen and Lear refused to consent to the transfer.
C)a 1/3 interest as a joint tenant.
D)a 1/3 interest as a tenant in common.

Question 24

What distinguishes a joint tenancy from a tenancy in common?

A)Marriage between tenants
B)Right of survivorship
C)An easement by reservation
D)A bargain and sale deed

Question 25

Which of the following typically characterizes community property?

A)Partners get a share depending on who earned the property.
B)One partner may convey property without the other's approval.
C)It is property acquired during marriage.
D)Inheritance is covered under community property.

Question 26

In the sale of a home,which of the following would likely be treated as a fixture?

A)A couch to match the upholstery
B)A ceiling fan
C)A lawn mower
D)A new console table

Question 27

When a piece of real property is sold,who will own the fixtures after the sale?

A)The new owner of the real property
B)The former owner of the real property
C)The Secretary of State
D)No one owns the fixtures,they are community property

Question 28

Mary wants to buy an apartment in a building that is owned by ABC Corporation.Mary then purchases stock in ABC Corporation and holds her apartment under a proprietary lease.Under which ownership has Mary acquired title to such an apartment?

A)Condominium ownership
B)Co-ownership in form of tenancy in partnership
C)Ownership acquired by gift
D)Cooperative ownership

Question 29

Which of the following characterizes a tenancy in common?

A)Each tenant has equal rights to possess and use the property.
B)The tenants must be a married couple.
C)It grants the right of survivorship.
D)Tenants are not allowed to divide the property.

Question 30

Archibald and Priscilla,an unmarried couple,co-owned a house.Priscilla automatically became the owner of the house upon Archibald's death.What kind of a co-ownership did they have?

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

Question 31

Which of the following requires tenants to be married to each other?

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

Question 32

Green and Nunn own a 40-acre parcel of land as joint tenants with the right of survivorship.Nunn wishes to sell the land to Ink.If Nunn alone executes and delivers a deed to Ink,what will be the result?

A)Green will retain a 1/2 undivided interest in the 40-acre parcel,and will be unable to set aside Nunn's conveyance to Ink.
B)Ink will obtain an interest in 1/2 of the parcel,or 20 acres.
C)Ink will share ownership of the 40 acres with Green as a joint tenant with a right of survivorship.
D)The conveyance will be invalid because Green did not sign the deed.

Question 33

Homer and Marge bought Blueacres as tenants in common with equal shares of ownership.One year later,Homer died,leaving a will in which he left his interest in Blueacres to his son,Bart.Under these circumstances:

A)Marge will acquire complete ownership of the property.
B)Marge and Bart own the property as tenants in common.
C)Bart will be considered Marge's tenant on rent.
D)Marge and Bart are co-owners,but Marge has the right to exclusive possession.

Question 34

Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death?

A)License
B)Easement
C)Fee simple absolute
D)Profit

Question 35

Courts tend to consider three factors in determining whether an item is a fixture.Which of the following is not one of those factors?

A)Attachment
B)Timing
C)Adaptation
D)Intent

Question 36

Richard sells land to Jones but reserves the mineral rights to the property as well as an easement to enter the land to remove the minerals.Richard has acquired the easement by:

A)prescription.
B)grant.
C)reservation.
D)implication.

Question 37

The term ________ is used to describe the nature of a person's ownership interest in real property.

A)tenancy
B)fixture
C)estate
D)easement

Question 38

________ is the earth's crust and all things firmly attached to it.

A)Real property
B)Chattel
C)Intangible property
D)Personal property

Question 39

Which of the following is true of a joint tenancy?

A)It is created by a corporation or a group of persons.
B)It requires that the tenants be married to each other.
C)Selling of property by a joint tenant leads to creation of a tenancy in common.
D)A joint tenant can sell but not gift his part of the property.

Question 40

Which of the following factors is most significant in determining whether an item of personal property has become a fixture?

A)The extent of injury to the property by its removal.
B)The value of the item.
C)Actual physical attachment to real property.
D)The buyer of the item.

Question 41

To "run with the land," a restrictive covenant must essentially:

A)be related to any disputed property.
B)have a number of claimants to an estate.
C)be binding on the original parties and their successors.
D)be a joint tenancy.

Question 42

Scrooge's property contains a restrictive covenant that allows only residential use of the land to his inheritors.Over the years,all the adjoining areas of land have become industrial areas.Scrooge's great-grandson,the present owner of his land,wants to set up a small manufacturing unit there.Will he be able to do so?

A)Yes,since he is the present owner.
B)Yes,because the circumstances have changed completely.
C)No,the restrictive covenant is completely binding.
D)No,there cannot be a waiver because Scrooge is dead.

Question 43

Adams issues a license of his land to Crowe for planting flower trees only.In the deed,Adams makes it clear that Crowe may not take undue advantage of the license by using it for commercial purposes.However,after a few days,Adams realizes that Crowe has made a profit by selling flowers,without his knowledge.Can Adams recover the amount that Crowe collected from sale?

A)Yes,because Adams is the owner of the land.
B)Yes,because Adams's restrictions were clear.
C)No,because Adams has already licensed Crow to use his land.
D)No,because Adams does not possess any rights until the license expires.

Question 44

An easement by prior use is created by:

A)grant.
B)prescription.
C)reservation.
D)implication.

Question 45

When taxes assessed on real property are not paid when due,they become a(n)________ on the land.

A)easement
B)lease
C)loan
D)lien

Question 46

Which of the following is a history of what the public records show regarding the passage of title to,and other interests in,a parcel of real property?

A)Recorded deed
B)Title insurance
C)Abstract of title
D)Quitclaim deed

Question 47

A(n)________ is a right to enter another person's land and remove some product or part of the land.

A)profit
B)estate
C)easement
D)covenant

Question 48

To create an easement by prescription a person must,in addition to fulfilling other requirements,have:

A)recorded the easement immediately upon its creation.
B)received the express or implied consent of the true owner.
C)used the land of another out of necessity.
D)used the land of another openly,continuously,and adverse to the owner's rights.

Question 49

Which of the following deeds uses phrases such as - "I grant," "I bargain and sell," or "I convey"?

A)Grant deeds
B)Deeds of general warranty
C)Special warranty deeds
D)Quitclaim deeds

Question 50

Which of the following are frequently used to cure technical defects in the chain of title to property?

A)Insurable deeds
B)Quitclaim deeds
C)General warranty deeds
D)Special warranty deeds

Question 51

A purchaser of real property who wishes to receive the broadest protection with respect to the property being conveyed should obtain a:

A)bargain and sale deed.
B)general warranty deed.
C)quitclaim deed.
D)recorded deed.

Question 52

Sally seeks to list her home with Barry,a real estate broker.Sally and Barry agree that Barry will receive a commission if the home sells within 90 days,regardless of who actually causes the sale of the property.Sally and Barry have a(n):

A)open listing contract.
B)exclusive agency contract.
C)exclusive right to sell contract.
D)restrictive covenant contract.

Question 53

A broker operating under a(n)________ contract is entitled to a commission only if he was the first to find a ready,willing,and able buyer.

A)open listing
B)exclusive right to sell
C)exclusive agency listing
D)exclusive right

Question 54

Which of the following is sufficient for a gift of real property to be valid?

A)Delivery of a properly executed deed
B)Possession of the property
C)Actual possession of the property
D)An oral declaration

Question 55

Most owners of real property acquire title how?

A)Through tax sale
B)Through purchase
C)Through inheritance
D)Through gift

Question 56

What is the term for a temporary right to enter another person's land for a specific purpose?

A)License
B)Profit
C)Conveyance
D)Estate

Question 57

Which of the following convey whatever title the grantor has at the time he executes the deed but do not contain warranties of title?

A)Grant deeds
B)Quitclaim deeds
C)Special warranty deeds
D)General warranty deeds

Question 58

Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable?

A)Contracts of such property are covered under the statute of frauds.
B)Such property would otherwise not be entitled to mortgage.
C)Such property would otherwise not be entitled to insurance.
D)Such property would otherwise be liable to eminent domain.

Question 59

Lisa lives next to a vacant plot that belongs to Carol.Carol has never visited the plot in the last 20 years during which period,Lisa has taken care of it by fencing the plot and mowing the grass.If this continues,Lisa will be able to claim ownership of land based on:

A)easement.
B)a quitclaim deed.
C)adverse possession.
D)fee simple absolute.

Question 60

A deed where the grantor warrants against (and agrees to defend against)title defects and encumbrances that arose after she acquired the property is called:

A)a special warranty deed.
B)a quitclaim deed.
C)a general warranty deed.
D)an invalid deed.

Question 61

Melissa's home is located in small and quiet neighborhood that has been declared a residential area by the local zoning ordinances.She wants to convert her patio into a small bakery for her neighbors who have often expressed their admiration for her baking skills.Does Melissa have any solution?

A)Yes,she can take permission for a variance.
B)Yes,she can try for an amendment.
C)No,she cannot go against a zoning ordinance.
D)No,a residential zone can never be used for commercial purposes.

Question 62

In Francini v.Goodspeed Airport,LLC,the case in the text,the appellate court held that the easement by necessity includes access to utilities for landlocked properties because:

A)the owner of the landlocked property owned his property first.
B)it is expected when someone resides in the country.
C)it is included in any prior conveyance.
D)electricity is essential to daily life and is reasonably required to make effective use of property.

Question 63

Tenants in common may sever the cotenancy by petitioning a court for a ________,which allows the court to physically divide the property-but if that is not feasible,courts will order that the property be sold and the proceeds be appropriately divided.

A)dissolution
B)partition
C)default
D)forfeiture

Question 64

In Mogilevsky v.Rubicon Technology,Inc. ,the case in the text,the court upheld the jury's verdict that:

A)Rubicon was liable for conversion.
B)Rubicon could not remove the system because it had become attached to the real estate.
C)Rubicon could not remove the system because its damage to the real estate would be vast.
D)the system in dispute was a removable trade fixture.

Question 65

Eminent domain:

A)allows the government to acquire private property for public use.
B)allows a private citizen to sue his neighbors for nuisance.
C)instructs private citizens to ensure reasonable security of their premises.
D)prohibits discrimination in housing on the basis of race or disability.

Question 66

As discussed in the case in the text,Wykeham Rise,LLC v.Federer,a restrictive covenant is ________ when it involves the use,value or character of the land,rather than being merely a personal obligation of one of the original parties.

A)binding
B)appurtenant
C)in gross
D)unenforceable

Question 67

Which of the following statements about condominium ownership is true?

A)A condominium owner becomes a joint tenant with other unit owners in shared facilities.
B)A condominium owner is not responsible for property taxes on her individual unit.
C)A condominium owner generally cannot sell her unit without the other unit owners' approval.
D)A condominium owner is treated as if she owned a single-family home for federal income tax purposes.

Question 68

Which of the following statements about trade fixtures is false?

A)The tenant cannot remove the trade fixtures if doing so would cause substantial damage to the landlord's realty.
B)If the tenant has a defined lease term,he is to remove the trade fixtures by the end of the lease period.
C)Trade fixtures show the intent of the tenant to create a permanent improvement to the leased premises.
D)Trade fixtures not removed within the appropriate time become the landlord's property.

Question 69

________ are held by persons who lease real property.

A)Freehold estates
B)Life estates
C)Nonfreehold estates
D)Assignments

Question 70

Nancy,aged 70,has a vacant plot adjacent to her house that she intends to bequeath to her grandson Roy upon her death.However,an important railroad project is being undertaken nearby and the local authorities have informed Nancy that the new railroad will cover her vacant lot.They have also promised her fair compensation in return.Can the government take her property?

A)No,because the plot belongs to her.
B)No,because she already intends to bequeath the land to someone.
C)Yes,because the government has the power of eminent domain.
D)Yes,because the government is the actual owner of all private property.

Question 71

Marcus executes a deed to the family farm and leaves it in his safe-deposit box for delivery to Beth when he dies.Marcus has died.Which of the following statements is true?

A)The attempted gift will not be valid because Marcus did not deliver the gift during his lifetime.
B)Beth is the rightful owner of the farm because the deed was properly executed.
C)The attempted gift will not be valid because Beth did not have possession of the deed at the time Marcus died.
D)Marcus did not need to have intended to make a gift for the gift to be valid.

Question 72

________ are ownership interests of uncertain duration.

A)Nonfreehold estates
B)Leasehold estates
C)Freehold estates
D)Assignments

Question 73

In the case in the text,Ballard v.Dornic,the court held that:

A)Dornic did not limit his right to partition by a voluntary act.
B)a joint tenant voluntarily restricts his right to partition if he has not paid his share of expenses.
C)the parties expressed their intent not to partition.
D)the property could be physically divided without loss or injury to the parties.

Question 74

Which of the following is the highest form of land ownership?

A)Life estate
B)Nonfreehold estate
C)Leasehold estate
D)Fee simple absolute

Question 75

Which of the following statements about easements and the statute of frauds is false?

A)Express easements must be in writing to be enforced.
B)Easements by necessity are enforceable despite the lack of a writing.
C)Easements by prior use must be in writing to be enforceable.
D)An express easement has the same formality requirements of the granting of a fee simple interest.

Question 76

Which of the following is an article of personal property that has been annexed to real property leased by a tenant during the term of the lease that is necessary to the carrying on of a business?

A)Trade fixture
B)Commercial fixture
C)Leased fixture
D)Tenant fixture

Question 77

Which of the following types of easements is primarily designed to benefit a certain tract of land,rather than merely giving an individual a personal right?

A)Easement appurtenant
B)Easement by prescription
C)Easement by prior use
D)Easement in gross

Question 78

Sally has been running a small but popular dance studio in her neighborhood for the last 15 years.Recently,a zoning ordinance mandated her neighborhood as strictly residential where no commercial activities are allowed.What is Sally's best approach to continue running her studio if she is asked to close it?

A)She should request an amendment to the ordinance.
B)She should get her students to protest.
C)She could argue that the studio was in existence before the ordinance.
D)She does not have a choice and must close or relocate her studio.

Question 79

Which of the following is true of zoning ordinances?

A)Only federal authorities issue them.
B)There are no remedies against them.
C)They stem from the power of eminent domain.
D)They regulate the use of real property.

Question 80

Which of the following statements about a life estate is false?

A)The life estate can be measured by someone's lifetime rather than by the life tenant's.
B)At the end of the life estate,the property will revert to the conveyer or some other designated person.
C)During the life estate,the life tenant has the right to possess and use the property.
D)The life tenant can commit acts on the property that may permanently injure the property.