Question 1

The owner of real estate may sell her air rights to one person and her mineral rights to another person.

Accepted Answer

A) True 
 B)False  True

Question 2

A riparian owner owns land adjacent to a water course or stream.

Accepted Answer

A) True 
 B)False  True

Question 3

A and B own adjacent lots.Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property.

Accepted Answer

A) True 
 B)False  False

Question 4

A landowner seeking to recover damages from the operator of aircraft must at least prove trespass.

Accepted Answer

A) True 
 B)False

Question 5

A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

Accepted Answer

A) True 
 B)False

Question 6

Under the following theory, a landowner is free to interfere with the natural flow of surface water that runs apart from its watercourse:

Accepted Answer

A)  Natural Flow.
B)  Common Enemy
C)  Prior Appropriation.
D)  Civil Law.
E)  Reasonable Use.

Question 7

It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

Accepted Answer

A) True 
 B)False

Question 8

Under a typical oil and gas lease:

Accepted Answer

A)  the lessee conducts and pays for exploration and production.
B)  the lessor receives a bonus for signing the lease.
C)  the lessor receives a delay rental on the first year anniversary of the lease signing if there has been no production.
D)  the lessor receives royalties which represents a share of production.
E)  all of these.

Question 9

The shore along oceanfront property is owned by the states.

Accepted Answer

A) True 
 B)False

Question 10

Mike begins an excavation on his land to construct a new building.The excavation causes a subsidence in neighboring lands and buildings owned by Molly, although Molly's land in its natural state would not have subsided.Assuming Mike was not negligent and there is no applicable state statute:

Accepted Answer

A)  Molly may recover damages for her land and buildings.
B)  Molly may recover damages for her land alone.
C)  Molly may recover damages for her buildings alone.
D)  Molly may not recover damages.

Question 11

A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

Accepted Answer

A) True 
 B)False

Question 12

A navigable (in the legal sense)river runs along the boundary between New York and Pennsylvania.Ned owns a farm along the New York side of the river Pete owns a farm in Pennsylvania across the river from Ned's farm.Who owns the riverbed, or at least part thereof, between the farms:

Accepted Answer

A)  Ned and Pete.
B)  New York and Pennsylvania.
C)  New York.
D)  Pennsylvania.
E)  The United States.

Question 13

Evans' tree hangs over Leppold's land.This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

Accepted Answer

A) True 
 B)False

Question 14

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:

Accepted Answer

A)  Trespass.
B)  Nuisance.
C)  Reasonable Use.
D)  Common Enemy.
E)  Two of the above.(a and b)

Question 15

Non-navigable waters:

Accepted Answer

A)  are controlled by their riparian owners.
B)  are controlled by state governments.
C)  are controlled by the federal government.
D)  are not controlled by anyone, but are open to the general use of the public.

Question 16

Groundwater is water that flows across the ground outside of a riverbed.

Accepted Answer

A) True 
 B)False

Question 17

State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Accepted Answer

A) True 
 B)False

Question 18

Navigable airspace is defined in the same manner as navigable water.

Accepted Answer

A) True 
 B)False

Question 19

A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

Accepted Answer

A) True 
 B)False

Question 20

If a river is navigable, the majority rule is that the state owns the riverbed.

Accepted Answer

A) True 
 B)False

Exam 3: The Scope of Real Property

The owner of real estate may sell her air rights to one person and her mineral rights to another person.

A riparian owner owns land adjacent to a water course or stream.

A and B own adjacent lots.Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property.

A landowner seeking to recover damages from the operator of aircraft must at least prove trespass.

A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

Under the following theory, a landowner is free to interfere with the natural flow of surface water that runs apart from its watercourse:

It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

Under a typical oil and gas lease:

The shore along oceanfront property is owned by the states.

Mike begins an excavation on his land to construct a new building.The excavation causes a subsidence in neighboring lands and buildings owned by Molly, although Molly's land in its natural state would not have subsided.Assuming Mike was not negligent and there is no applicable state statute:

A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

A navigable (in the legal sense) river runs along the boundary between New York and Pennsylvania.Ned owns a farm along the New York side of the river Pete owns a farm in Pennsylvania across the river from Ned's farm.Who owns the riverbed, or at least part thereof, between the farms:

Evans' tree hangs over Leppold's land.This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:

Non-navigable waters:

Groundwater is water that flows across the ground outside of a riverbed.

State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Navigable airspace is defined in the same manner as navigable water.

A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

If a river is navigable, the majority rule is that the state owns the riverbed.