Deck 38: Real Property

Question 1

The sale of crops separate from the land is governed by real property law.

Answer 1

False

Question 2

Ownership of property exists independently of the legal system.

Answer 2

False

Question 3

Plant life is considered to be real property.

Answer 3

True

Question 4

The holder of a life estate has the right to use property for whatever purpose he or she sees fit without regard to the rights of a fee simple owner.

Question 5

Land includes all of the waters on or under its surface.

Question 6

Fee simple ownership rights can be limited by zoning,noise and environmental laws.

Question 7

The rights that accompany a fee simple absolute include the right to use the land for whatever purpose the owner sees fit.

Question 8

Flights over private land normally do NOT violate the property owners' rights.

Question 9

Defeasible means capable of being terminated.

Question 10

Real property includes subsurface and air rights.

Question 11

A statue that is not physically attached to the land can be a fixture.

Question 12

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

Question 13

Limits on subsurface rights are normally stated in a document transferring ownership of the land.

Question 14

Land does NOT include the artificial structures attached to it.

Question 15

Subsurface rights are never valuable.

Question 16

The exterior boundaries of land extend straight down for 500 feet and straight up for 500 feet.

Question 17

Crops that are sold with the piece of land they are growing on are considered real property.

Question 18

Surface and subsurface rights cannot be separated.

Question 19

Ownership in fee simple defeasible constitutes absolute ownership.

Question 20

Personal property may become real property by attaching it to real property.

Question 21

To be valid,a deed must contain a legally sufficient description of the land.

Question 22

A conveyance creating a fee simple defeasible transfers all ownership rights in the property.

Question 23

A conveyance of property for the life of a specified individual creates a fee simple defeasible.

Question 24

Kailin owns a farm near Manhattan,Kansas,with a farmhouse,barn,and other structures permanently attached.Kailin grows soybeans on the property.A pond lies within the boundaries.Land includes

A)the pond,the soil,and the structures.
B)the pond and the soil only.
C)the soil only.
D)the structures and the soil only.

Question 25

A profit is a right to make a profit from some part of land or some product of the land,and the right terminates once that profit is made.

Question 26

The government cannot take private property for public use.

Question 27

Marshall owns a piece of land,but James owns the mineral rights to Marshall's land.James wishes to sell the mineral rights.James

A)cannot sell the mineral rights.
B)can only sell the mineral rights if Marshall agrees.
C)must give Marshall 30 percent of the proceeds of the sale of the mineral rights.
D)can sell the mineral rights without consulting Marshall.

Question 28

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

Question 29

Chita owns the land on which Downwind Farm is situated,plus the farmhouse,barn,and other structures permanently attached to the land.Chita's brother Elvin owns everything else on the farm-implements,seed,and so on.The real property is owned by

A)Chita and Elvin.
B)Chita only.
C)Downwind Farm.
D)Elvin only.

Question 30

Phil owns a farm in South Dakota.He does not like it when planes from the local airport fly over his property.Phil is unlikely to win a case claiming that airplanes flying over his land violate his property rights unless

A)the planes fly over more than twice a day.
B)he can prove there are more efficient routes for the planes to take.
C)the flights are low and frequent and cause direct interference with Phil's enjoyment of the land.
D)the planes belong to private individuals.

Question 31

A life tenant can exploit the land by creating new wells or mines.

Question 32

A life tenant is NOT required to pay property taxes.

Question 33

A quitclaim deed warrants more than any other deed.

Question 34

The covenant of quiet enjoyment guarantees that the buyer will not be disturbed in his or her possession of the land by the seller or any third persons.

Question 35

A grantee is the person to whom property is being transferred.

Question 36

Eminent domain refers to the right of an owner in fee simple to do what?ever he or she wishes with the property.

Question 37

A license is the conveyance of an interest in property that is not revocable.

Question 38

Jacob owns five acres of land.On his land Jacob has a house and a toolshed. There are ten large maple trees around the house that were there when Jacob bought the land.Since buying the land,Jacob has planted an apple tree.Jacob's real property includes

A)the house and toolshed only.
B)the house only.
C)the house,toolshed and maple trees only.
D)the house,toolshed,maple tress and apple tree.

Question 39

A profit is the right to make limited use of another person's real property without taking anything from the property.

Question 40

For a party to take by adverse possession,the party's possession must not be hostile to the true owner's rights.

Question 41

Cow Country Corporation (CCC) sells half of its land to the Double R Ranch.On the land is a reservoir.In the deed,CCC retains the right to remove a lim?ited amount of water per day from the res?ervoir.This right is

A)a fee simple absolute.
B)a license.
C)an easement.
D)a profit.

Question 42

Jack owns the surface rights for Rocky Ridge Ranch,but does not own the subsurface rights.Ginny owns the subsurface rights.Rocky Ridge Ranch has a historic barn,which is damaged when Ginny is excavating minerals from the ranch.Who is most likely responsible for the damage to the barn?

A)Ginny only
B)Jack only
C)Ginny and Jack
D)no one

Question 43

Tyro has the right to drive across Ula's land,which is next to Tyro's prop?erty,to reach an access road.Tyro's right is

A)a license.
B)an easement.
C)a profit.
D)the power of eminent domain.

Question 44

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 sky.

Question 45

Fact Pattern 38-1 (Questions 16-18 apply)
Nika owns land in Ohio.Her ownership rights include the right to sell or give away the property without restriction,and the right to commit waste,if she chooses.
Refer to Fact Pattern 38-1.Polly allows Rhianna to camp on her land for several days and take photos for an upcoming exhibit.Polly has given Rhianna

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

Question 46

Gardner deeds a plot of land to Homes for the Homeless,a local charity.The deed states,"To Homes for the Homeless,as long as it provides shelter for those without." Gardner has given the charity

A)a fee simple absolute.
B)a fee simple defeasible.
C)a license.
D)a life estate.

Question 47

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 fee simple absolute.

Question 48

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,in?cluding 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.Patsy's ownership interest is

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

Question 49

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 com?mit waste,if he chooses.Orin's ownership interest is

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

Question 50

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,Fig,and Gabe only.
B)Egor and Gabe only.
C)Egor only.
D)Fig,Gabe,and Huck only.

Question 51

Rollo deeds a plot of timberland to Scholars University as a gift.The univer?sity pays nothing for the property.Rollo has given the university

A)a fee simple absolute.
B)a license.
C)an easement.
D)the power of eminent domain.

Question 52

William owns a field where he grows cotton.When William sells the field to Grace,he includes the cotton that is growing in the field.This sale is governed by

A)the Uniform Commercial Code.
B)common law.
C)real property law.
D)personal property law.

Question 53

Fact Pattern 38-1 (Questions 16-18 apply)
Nika owns land in Ohio.Her ownership rights include the right to sell or give away the property without restriction,and the right to commit waste,if she chooses.
Refer to Fact Pattern 38-1.Nika deeds some of her land to Polly.The deed states,"To Polly,for life,then to Quay." Nika has given Polly

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

Question 54

Margaret has a tomato farm.When Margaret sells her farm to Jackie she does not include the tomatoes.Margaret sells the tomatoes separately to Wendy.The sale of the tomatoes is governed by

A)the Uniform Commercial Code.
B)common law.
C)real property law.
D)personal property law.

Question 55

Jaime conveys his historic mansion to Main Street Historical Society in fee simple defeasible.In the mansion,Jaime now has

A)a partial ownership interest.
B)an easement.
C)no interest.
D)a profit.

Question 56

Eric owns a beach house in California.His ownership is considered fee simple absolute.Eric's fee simple

A)is potentially infinite in duration.
B)will end with his death.
C)will last for fifty years.
D)will last for seventy-five years.

Question 57

Fact Pattern 38-1 (Questions 16-18 apply)
Nika owns land in Ohio.Her ownership rights include the right to sell or give away the property without restriction,and the right to commit waste,if she chooses.
Refer to Fact Pattern 38-1.Nika's ownership interest is

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

Question 58

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry.This is

A)a fee simple absolute.
B)a license.
C)an easement.
D)a profit.

Question 59

Wilson has an easement that allows him to drive across Dave's land to get to Wilson's house.Fred has a profit to remove gravel from Dave's land.Janet has a license to go fishing on Dave's land whenever she wants.Who has a nonpossessory interest in Dave's land?

A)Wilson only.
B)Wilson and Janet only.
C)Janet and Fred only.
D)Wilson,Janet and Fred.

Question 60

Bakri owns a house.In the house,on a tile floor is a throw rug.Most likely to meet the definition of a fixture is

A)the house.
B)the throw rug.
C)the tile floor.
D)none of these choices.

Question 61

Investment Properties Corporation conveys an office building to Bob with a deed that makes the greatest number of warranties and provides the most extensive protection against defects of title.This deed is

A)a grant deed.
B)a quitclaim deed.
C)a sheriff's deed.
D)a warranty deed.

Question 62

Manhattan Developers,Inc.,pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is

A)a grant deed.
B)a quitclaim deed.
C)a sheriff's deed.
D)a warranty deed.

Question 63

Grant wants to transfer the ownership of his warehouse to Hal by deed.To do so requires

A)the grantee's signature only.
B)the grantor's signature only.
C)the grantee's and the grantor's signatures.
D)a judge's signature.

Question 64

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 license.
B)an easement.
C)a profit.
D)a fee simple absolute.

Question 65

John owns an orchard behind Kay's house and property.The only access to the orchard is Kay's driveway,which John uses to get to his land.Does John have an ownership interest in this use of Kay's driveway? If so,what is it?

Question 66

To acquire the ownership of a mountain cabin by ad?verse 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 67

All-Mart Discount Stores Corporation contracts to buy ten acres from Suburban Enterprises,Inc.,as a site for a new store. The contract calls for a "warranty deed." According to a survey that All-Mart commissions,one corner of an adjacent,enclosed parking lot is on part of the property that Suburban is attempting to convey. Can All-Mart avoid the con?tract? If so,on what basis? If not,why not?

Question 68

To widen a highway,the state of Ohio obtains,through a judicial pro?ceed?ing,title to the individual lots in a residential neighborhood. A sub?se?quent 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 69

Silas sells his farm to Kathy.The title is transferred by deed.Kathy is the

A)grantee.
B)grantor.
C)recipient .
D)deedee.

Question 70

Bay City wants to acquire undeveloped land within the city limits to con?vert into a public park.Bay City brings a judicial proceeding to obtain ti?tle to the land.This is

A)adverse possession.
B)an easement.
C)constructive eviction.
D)the power of eminent domain.

Question 71

Elsa,the owner of Fertile Farm,sells Gina a right to park her RV on Fertile land overnight.Gina's right is

A)a fee simple absolute.
B)a license.
C)an easement.
D)a profit.

Question 72

Billy tells Raymond that he can come swimming in Billy's lake whenever he wants.Raymond comes to Billy's lake several times over the course of five years.Billy then decides that he does not want Raymond to come swimming anymore.Billy

A)can withdraw the license he gave Raymond.
B)cannot withdraw the license he gave Raymond because it has been more than three years since he gave it.
C)must obtain a court order to stop Raymond from coming and swimming.
D)must notify Raymond of his decision in writing and continue to allow Raymond to come swimming for sixty days.