Deck 34: Real Property

Question 1

The Fifth Amendment to the Constitution provides that private property shall not be taken for public use without "just compensation."

Answer 1

True

Question 2

If the title proves to be defective or if the grantor has no title, the grantee has the right to sue the grantor of a quitclaim deed.

Answer 2

False

Question 3

A property interest that allows a person who owns real property to dispose of it either during his lifetime or on his death is a(n) _____ property interest.

A) fee simple
B) life estate
C) affirmative easement
D) leasehold

Answer 3

A
Explanation: The fee simple is the basic land ownership interest in the United States. The owner of real property in fee simple has the right to the entire property for an unlimited period of time and the unconditional power to dispose of it either during his lifetime or on his death. If the person does not make a will, the land will automatically pass to the person's heirs on his death.

Question 4

Which of the following statements is true of fixtures?

A) When an item is of little value except for use with certain real property, it is likely to be considered a fixture even if it is unattached.
B) One who provides fixtures to real property without a request to that effect from the owner is entitled to compensation from the owner.
C) Personal property that may be removed with little injury to the property is likely to be considered a fixture.
D) Actual physical attachment to real property is necessary for an item to be considered a fixture.

Question 5

Real estate brokers are regulated by state, not federal, law.

Question 6

A close physical connection between an item of personal property and certain real property may enable a court to conclude that the item is constructively annexed and therefore a fixture.

Question 7

When a tenant attaches personal property to leased premises for the purpose of carrying on his or her business, it is called a(n) _____ fixture.

A) domestic
B) agricultural
C) trade
D) ornamental

Question 8

Nuisances may be private or public.

Question 9

For a gift of real property to be valid, the donor must deliver a properly executed deed to the property to the donee or to some third person to hold it for the donee.

Question 10

A fee simple is a property interest that gives a person the right to use property only for his own lifetime or for a time that is measured by the lifetime of somebody else.

Question 11

A negative easement is the right to have someone who owns an adjoining piece of property refrain from making certain uses of his or her land.

Question 12

The life estate is the basic land ownership in the United States.

Question 13

Which of the following statements is true of a life estate?

A) It gives a person the right to have someone who owns an adjoining piece of property refrain from making certain uses of his or her land.
B) It does not hold a person owning a life estate liable if he commits acts that will result in permanent injury to the property.
C) It gives a person the right to use property for an indefinite period.
D) It gives a person the right to use property only for his own lifetime or for a time that is measured by the lifetime of somebody else.

Question 14

Persons who own property under a tenancy in common have undivided interests in the property and equal rights to possess it.

Question 15

An easement can be created by adverse possession.

Question 16

A property use that unreasonably interferes with another person's ability to use or enjoy her own property may lead to an action for nuisance against the landowner or possessor engaged in the objectionable use.

Question 17

Which of the following statements is true of fixtures?

A) A person who attaches fixtures to real property is always entitled to compensation from the owner.
B) Fixtures associated with a real property belong to the owner of the real property.
C) A conveyance of real property does not transfer the fixtures associated with that property.
D) Fixtures cannot be categorized as property if they are not specifically mentioned as such in a conveyance.

Question 18

To amount to a nuisance, a property use must be illegal.

Question 19

An item of personal property may be attached to or used in conjunction with real property in such a way that it ceases being personal property and instead becomes part of the real property. This type of property is called a debenture.

Question 20

All states permit married couples to own real property under a tenancy by the entirety.

Question 21

A person may have the right to use the land of another person but not to actually occupy it on a long-term basis. The property interest that grants a person this particular right is known as a(n) _____.

A) fee simple
B) license
C) lease
D) easement

Question 22

Which of the following statements is true of the transfer of a property by sale?

A) Engagement of a real estate broker is a legal requirement for the sale of real property.
B) Exclusive rights to sell contracts entitle the broker for a commission only if he procures the buyer.
C) Agreement between the seller and the buyer to purchase real property need not necessarily be in writing to be enforceable under the statute of frauds.
D) Real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged in order to be enforceable.

Question 23

An easement granted through an express agreement is:

A) not covered by the statute of frauds.
B) required to be in writing to be enforceable.
C) enforced no differently than an implied easement.
D) not executed with the same formality as a grant of a fee simple interest in real property.

Question 24

Under condominium ownership, a purchaser takes title to his or her individual unit and becomes a _____ with other unit owners in shared facilities.

A) joint tenant
B) tenant in common
C) tenant by the entirety
D) tenant in partnership

Question 25

Which of the following is an example of community property?

A) Property acquired during the marriage through a spouse's industry or efforts
B) Property a spouse owned before the marriage
C) Property acquired by a spouse during the marriage as a gift or by inheritance
D) Property exchanged for separate property

Question 26

The Real Estate Settlement Procedures Act (RESPA):

A) requires that buyers receive advance disclosure of the settlement costs that will be incurred.
B) is designed to prevent discrimination against pregnant women and families with children in settlement procedures.
C) permits settlements for referral of business to title companies.
D) requires that title insurance be purchased from the company specified by the seller.

Question 27

For a gift of ownership of real property to be valid, the donor must:

A) will it to a third party.
B) simply attempt to make the gift without delivering the deed.
C) ensure that the donee or third party takes possession of the property.
D) deliver a properly executed deed to the property to the donee.

Question 28

Ivan owned a house in Florida. He died without making a valid will, and therefore, the property passed to his son, Mario. The method by which Mario acquired the property is called acquisition by _____.

A) will
B) inheritance
C) gift
D) adverse possession

Question 29

A quitclaim deed:

A) guarantees that the grantor has good title to the real property.
B) affords the grantee the right to sue the grantor for defective title.
C) is used to cure technical defect in the chain of title to property.
D) warrants against all liens and easements.

Question 30

Which of the following is an affirmative easement?

A) The right to drill for oil and gas on the land of another person
B) The tenant's right to use the property during his lifetime
C) The ability to obtain oral permission to hunt on another person's land
D) The right to have one's neighbor refrain from erecting a building on his property

Question 31

Which of the following statements is true of an exclusive agency listing?

A) The broker has the exclusive right to sell the property for a specified period of time.
B) The broker operating under this listing is entitled to a commission only if he or she was the first to find an able buyer.
C) The seller has the right to sell the property himself or herself without being obligated to pay the broker a commission.
D) The seller must pay the broker his or her commission irrespective of who found the buyer.

Question 32

Under an open listing contract, the broker _____.

A) receives a nonexclusive right to sell the property
B) receives a commission even if a third party finds a buyer
C) has the exclusive right to sell the property for a specified period of time, but is not entitled to a commission
D) has exclusive rights to sell the property and is entitled to a commission

Question 33

A special warranty deed:

A) cures the defect in the chain of title to property.
B) means that the grantor offers a unique warranty against all defects in the title and all encumbrances.
C) implies that the grantor warrants against all liens and easements.
D) means that the grantor warrants against only those defects in the title that arose after he or she acquired the property.

Question 34

In terms of interests in real property, a _____ is not an interest in land but a temporary right to use another person's land for a limited and specific purpose.

A) private restriction
B) fee simple
C) leasehold
D) license

Question 35

Beatriz and James are married and own real property under a tenancy by the entirety. This means that _____.

A) upon the death of either, the property passes automatically to the surviving spouse
B) they are tenants in common with the added requirement of marriage
C) either spouse can transfer property by will if the other is still living
D) the tenancy cannot be severed even in case of a divorce

Question 36

Darius has the right to prevent his neighbor from erecting a building on his property that would block light and air from Darius's home. This is an example of a(n) _____.

A) necessity
B) negative easement
C) adverse possession
D) affirmative easement

Question 37

A warranty deed:

A) conveys title and guarantees to make good any defects in the title.
B) warrants against only those encumbrances that arise after a grantee acquires the property.
C) is used to cure technical defect in the chain of title to property.
D) disallows a grantee the right to sue the grantor.

Question 38

Kent University does not have enough parking space to accommodate the vehicles of all of its students, staff, and faculty. Cesario owns a sizable plot of land just north of the campus and has given many students oral permission to park on his land. Which of the following statements is true in this case?

A) Cesario has created an easement by necessity.
B) Cesario has created a negative easement.
C) Cesario has created a license.
D) Cesario has created a tenancy at will.

Question 39

After a valid deed is delivered from a grantor to grantee, the:

A) title is still not effectively conveyed till witnessed by two people.
B) grantee should immediately record the deed.
C) grantee should post a "legal notice" in the newspaper.
D) interest of a grantor cannot be defeated by third parties.

Question 40

George owns three adjacent town houses in an upscale neighborhood. He sells one to Bernardo but gets him to promise to never sell the property to a woman or a poor person. This restriction is built into the deed George gives to Bernardo, along with a statement that the property is to revert to George if this promise is broken. Which of the following statements is true in this case?

A) This restriction is enforceable because it is built into the deed.
B) This restriction is enforceable because it does not effectively prevent the sale of the property to anyone else.
C) This restriction is not enforceable because it is against public policy.
D) This restriction is not enforceable because private restrictions only apply to the size and cost of the house.

Question 41

Adella executed a deed and put it under her mattress along with a note directing that the deed is to be delivered to her cousin, Faro, upon her death. What will be the result of such an act?

A) The deed effectively passes title to Faro upon Adella's death.
B) The deed is not effective to pass title after Adella's death.
C) The deed is not effective to pass title because Adella did not record it.
D) The deed becomes effective and passes title to Faro the day he gets it.

Question 42

Marvel Developers Corp. built a subdivision in which it offered a number of houses for sale. The Smiths bought one of these houses. During the first rain, water entered under the crawl space of the house and accumulated to a depth of 17 inches in a room where the furnace and water heater were located. This frequently caused the water heater to perform inefficiently. With each rainfall, water continued to collect. The house became damp and developed a serious mildew problem. What remedies do the Smiths have?

Question 43

Define the legal meaning of "nuisance" and explain the two types of nuisances recognized by the law, using a scenario to illustrate each type.

Question 44

Explain what a joint tenancy is.

Question 45

Adele and Ivan recently established a trailer park and restaurant, Bril's Grill House, on their property, to supplement their income. Acme Oil Inc. operates a refinery 1.6 miles away from Adele and Ivan's property. The refinery that recently increased its production capacity regularly emits nauseating gases and odors which invade neighboring property and make people sick. This causes potential customers to stay away from Bril's Grill House. Acme disregarded Adele and Ivan's pleas to abate emitting the noxious odors. Under these circumstances, Adele and Ivan _____.

A) can bring an action for private nuisance for damages and to enjoin Acme from emitting the odors
B) cannot sue for public nuisance because private parties can never sue for abatement of public nuisance
C) do not have a cause of action
D) can sue for public nuisance as Acme is committing an illegal act

Question 46

Discuss the difference between an affirmative easement and a negative easement.

Question 47

An implied warranty of habitability:

A) guarantees that a house is free of hidden defects that would render it unsafe for human habitation.
B) applies to any ordinary seller of a house, and not just builders, builder-vendors, and developers.
C) when breached, subjects the defendant to liability measured only by the cost of repairs.
D) is limited to the first buyer and does not extend to subsequent purchasers of a property.

Question 48

Aliyah deeded her house for consideration to her friend, Jada, by quitclaim deed. One year after the transfer, Jada discovered that 50 years earlier, Aliyah's great grandfather, then the owner of the property, had transferred part of the property to a local church. The church is now asserting ownership of the property and wants to build a parking lot on the plot. What action, if any, can Jada bring against Aliyah to recover damages for breach of warranty of title in this case?

Question 49

Inverse condemnation occurs when:

A) one property owner acquires title to neighboring property by occupying the property for a certain number of years.
B) a tenant acquires ownership of fixtures by occupying the property and using the fixtures.
C) landowners seek compensation from the governmental unit whose actions effectively amount to a physical taking of their land.
D) the government institutes a formal legal action to exercise eminent domain power.

Question 50

The Title III of the Americans with Disabilities Act (ADA) of 1990:

A) classifies only nonbusiness enterprises as places of public accommodation.
B) does not require private clubs and religious organizations to comply with the statute.
C) classifies only business enterprises as places of public accommodation.
D) does not treat stores at which goods are sold or rented as places of public accommodation.