Deck 26: Real Property and Land-Use Control

Question 1

For a party to take by adverse possession,the party's possession must not be open,visible,or notorious.

Answer 1

False

Question 2

It is presumed that a co-tenancy is a joint tenancy unless there is a clear intention to establish a tenancy in common.

Answer 2

False

Question 3

A seller generally has a duty to disclose any known defect that materially affects the value of the property.

Answer 3

True

Question 4

Real estate sales contract are often made contingent on the buyer obtaining financing.

Question 5

In a fee simple absolute,the owner has the greatest aggregation of rights,privileges,and power possible.

Question 6

A license is the revocable right of a person to come onto another person's land.

Question 7

A joint tenant's sale of his or her interest terminates the tenancy.

Question 8

Land includes all of the waters on its surface.

Question 9

The government can take private property for a public use.

Question 10

Persons who share ownership rights simultaneously are life tenants.

Question 11

No tenant has a qualified right to the exclusive possession of leased real property.

Question 12

A special warranty deed provides the most protection against defects of title.

Question 13

An easement may arise by implication.

Question 14

Land assigned by zoning laws for business activities is designated as being for commercial use.

Question 15

There are no exceptions to zoning laws.

Question 16

Eminent domain is the right of an owner in fee simple absolute to transfer property to whomever he or she wishes.

Question 17

Any restriction on an owner's use of his or her land is a taking that requires the payment of just compensation.

Question 18

A profit is a right to go onto land owned by another and take away some part of the land itself or some product of the land.

Question 19

An easement arises when the owner of one piece of land occupies the real property of a neighbor and eventually acquires title to it.

Question 20

Most states do not limit the government's ability to take private property and give to private developers.

Question 21

Rolling Stock Company has used a strip of Storage Warehouse Corporation's land,which adjoins its property,as a right-of-way for years.The use has been apparent,without Storage's permission,for a period time equal to the applicable statute of limitations.Rolling's use has created

A)an easement.
B)a profit.
C)a tenancy at sufferance.
D)a license.

Question 22

Orin owns Pilot's Landing Office Park.His ownership rights include the right to sell or give away the property without restriction,as well as the right to commit waste,if she chooses.Orin's ownership interest is

A)a fee simple absolute.
B)a leasehold estate.
C)a life estate.
D)the power of eminent domain.

Question 23

With respect to Egor's land,Fig has an easement,Gabe has a profit,and Huck has a license.A right to possess the land is owned by

A)Egor.
B)Fig.
C)Gabe.
D)Huck.

Question 24

Mineral Products Corporation,which owns no land,has a right to mine the copper from Natural Resource Company's land.Mineral's right is

A)a leasehold estate.
B)a license.
C)an easement.
D)a profit.

Question 25

To acquire the ownership of a mountain cabin by adverse possession,Cody must occupy the cabin exclusively,continuously,and peaceably for a specified period of time

A)in an,open,hostile,and adverse manner.
B)until the owner files a suit.
C)without the owner's knowledge.
D)with the state's permission.

Question 26

To acquire the ownership of a vacant lot by adverse possession,Durwood must occupy the lot exclusively,continuously,and peaceably for a specified period of time

A)in an,open,hostile,and adverse manner.
B)until the owner files a suit.
C)without the owner's knowledge.
D)with the state's permission.

Question 27

Lucky owns Mud Flats Ranch,which is situated on certain Nevada acreage.The exterior boundaries of the land extend

A)100 feet into the earth and 100 feet into the atmosphere.
B)one mile into the earth and one mile into the atmosphere.
C)to infinity and beyond.
D)to the center of the earth and up to the farthest reaches of the atmosphere.

Question 28

County Zoning Commission demands that Double Qwik Development,Inc. ,the private developer of Eden Park Homes,allocate space for a school within the development.This is

A)a growth-management ordinance.
B)a subdivision regulation.
C)a zoning use restriction.
D)a zoning variance.

Question 29

Opal conveys three acres of wetlands to Pristine Places,Inc. ,with a deed that warrants only that Opal held good title during her ownership of the property.This deed is

A)a grant deed.
B)a quitclaim deed.
C)a special warranty deed.
D)a warranty deed.

Question 30

Jody and Kent each own one-half of Local Motion,a club,as a tenant in common.Kent sells his interest to Meri,who now owns

A)no interest in the firm.
B)the firm in fee simple.
C)the firm with Jody as joint tenants.
D)the firm with Jody as tenants in common.

Question 31

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

A)a license.
B)an easement.
C)a profit.
D)a tenancy at sufferance.

Question 32

Cornucopia Farms LLC possesses farmland.Cornucopia has the right to use the property,including harvesting the crops,for ten years.Cornucopia does not have the right to extract the coal under the land.This is

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

Question 33

Homes Construction Corporation wants to obtain a zoning variance for a part of its property.The variance must not

A)compromise the campaign promises of the zoning board members
B)include a burden that has a connection to the property.
C)result in a profit for its proponent.
D)substantially alter the essential character of the property.

Question 34

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

A)a fixed-term tenancy.
B)a periodic tenancy.
C)a restrictive covenant.
D)a tenancy at will.

Question 35

Edna and Flavia buy a boat that they dock in a marina near Gulfport,Mississippi.On the death of either owner,that owner's interest in the boat passes to her heirs.This is

A)a joint tenancy.
B)a life estate.
C)a tenancy in common.
D)ownership in fee simple absolute.

Question 36

Birch Woods Development,Inc. ,includes,on the map of a twenty-lot development,a restriction that limits construction on each lot to one single-family house.Birch files the map in the appropriate public office.In each lot's deed is a reference to the map and a provision that each buyer "and his or her successors,heirs,or assigns" are bound to it.Cub buys one of the lots and later sells it to Dag.With respect to the restriction,Dag is

A)bound.
B)not bound,because Dag is not a "successor,heir,or assign."
C)not bound,because Dag is not the original buyer of the lot.
D)not bound,because of a lack of sufficient notice in the deed.

Question 37

Sunny City wants to acquire undeveloped land within the city limits to convert into a public park.Sunny City brings a judicial proceeding to obtain title to the land.This is an exercise of

A)eminent domain.
B)police power.
C)restrictive covenant.
D)zoning power.

Question 38

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,including extracting silver from an existing mine,for life.Patsy also has the right to lease the land for a period not to exceed her life.This ownership interest is

A)a fee simple absolute.
B)a leasehold estate.
C)a life estate.
D)the power of eminent domain.

Question 39

To widen a highway,the state of Ohio obtains,through a judicial proceeding,title to the individual lots in a residential neighborhood.A subsequent proceeding will determine

A)how much the former owners should be paid for their property.
B)how soon the former owners should vacate their property.
C)how wide the highway should be.
D)whether the planned highway would violate any zoning laws.

Question 40

Ian and Jackie take title to a drive-through Koffee Kiosk in such a way that if one dies,the other will be the sole owner.Ian and Jackie own the kiosk as

A)co-owners in fee simple.
B)joint tenants.
C)tenants by the entirety.
D)tenants in common.

Question 41

Jai owns an orchard behind Key's house and property.The only access to the orchard is Key's driveway,which Jai uses to get to her orchard.What is this right called Jai sells the orchard to Laurentz.Can Laurentz now use the right-of-way across Key's property ?If Key sells his property,does the owner of the orchard-Jai or Laurentz-lose the right-of-way?

Question 42

Ron and Sally buy a house with a quarter-acre yard.The real estate contract does not specify a type of concurrent ownership.These items are in the house: cabinets in the kitchen,carpeting in the living room,and a microwave resting on a counter.There is also an attached garage.The contract does not refer specifically to any of these items.What type of ownership do Ron and Sally have,and what rights are associated with that ownership ?Do Ron and Sally own the items in the house? Do they own the garage?