Question 1

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

Accepted Answer

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

Question 2

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is

Accepted Answer

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

Question 3

Stop-to-Shop Inc. buys a section of land that is zoned exclusively residential. Intending to build a convenience store, car wash, and small mall on the property, the company seeks a variance. Many of the neighbors-single-family homeowners-want to object. Their best argument is that the variance

Accepted Answer

A)  would allow the use of the land in a way not permitted by zoning rules. 
B)  is the least intrusive solution to the problem. 
C)  is necessary for reasonable development. 
D)  will alter the essential character of the neighborhood.

Question 4

In both a tenancy in common, and a joint tenancy, each co-owner owns an undivided interest in the property.

Accepted Answer

A) True 
 B)False

Question 5

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is

Accepted Answer

A)  a joint tenancy. 
B)  community property. 
C)  a tenancy in common. 
D)  ownership in fee simple.

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely

Accepted Answer

A)  remains with Sergio absent notice by the tenant. 
B)  remains with Sergio until notice by Taylor. 
C)  remains with Sergio under an implied renewal or extension provision. 
D)  returns to Taylor.

Question 8

A sale of real estate is a complicated transaction that involves certain formalities not required in a sale of goods.

Accepted Answer

A) True 
 B)False

Question 9

In a sale of real estate, a buyer who discovers that the seller does not have marketable title

Accepted Answer

A)  acquires the property free from any encumbrances or defects. 
B)  can rescind the contract. 
C)  is presumptively conveyed a fee simple absolute. 
D)  is guaranteed that the title has not been previously marketed, or sold.

Question 10

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

Accepted Answer

A) True 
 B)False

Question 11

To acquire property by adverse possession, the possession must be secret or clandestine.

Accepted Answer

A) True 
 B)False

Question 12

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.

Accepted Answer

A) True 
 B)False

Question 13

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

Accepted Answer

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

Question 14

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

Accepted Answer

A)  use the land, including the mine, for any purpose, without qualification. 
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)  none of the choices.

Question 15

Before a variance to a zoning restriction is granted, there must be a public hearing with adequate notice to neighbors who may object to the variance.

Accepted Answer

A) True 
 B)False

Question 16

The government has no right to take private land for public use, because the protection of an individual's right to property is our most important right.

Accepted Answer

A) True 
 B)False

Question 17

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by

Accepted Answer

A)  implied contract. 
B)  express contract. 
C)  any of the choices. 
D)  sufferance.

Question 18

Most states consider a warranty of habitability to be implied for the protection of the buyer in the sale of a new home, and some states hold that the warranty also protects subsequent buyers.

Accepted Answer

A) True 
 B)False

Question 19

Nancy owns Office Tower, a commercial building 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

Accepted Answer

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 20

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is

Accepted Answer

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

Exam 26: Real Property and Land Use Control

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

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is

Stop-to-Shop Inc. buys a section of land that is zoned exclusively residential. Intending to build a convenience store, car wash, and small mall on the property, the company seeks a variance. Many of the neighbors-single-family homeowners-want to object. Their best argument is that the variance

In both a tenancy in common, and a joint tenancy, each co-owner owns an undivided interest in the property.

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is

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

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely

A sale of real estate is a complicated transaction that involves certain formalities not required in a sale of goods.

In a sale of real estate, a buyer who discovers that the seller does not have marketable title

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

To acquire property by adverse possession, the possession must be secret or clandestine.

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.

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

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

Before a variance to a zoning restriction is granted, there must be a public hearing with adequate notice to neighbors who may object to the variance.

The government has no right to take private land for public use, because the protection of an individual's right to property is our most important right.

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by

Most states consider a warranty of habitability to be implied for the protection of the buyer in the sale of a new home, and some states hold that the warranty also protects subsequent buyers.

Nancy owns Office Tower, a commercial building 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

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is