Deck 25: Land Use Regulation and Real Property

Question 1

If a party to a tenancy in common sells his or her interest in the property, the tenancy in common becomes a tenancy by entirety.

Answer 1

False

Question 2

The person who is given a life estate is called the life tenant.

Answer 2

True

Question 3

A surviving spouse in a tenancy by the entirety has the right of survivorship.

Answer 3

True

Question 4

A deceased joint tenant's will is effective over the right to survivorship.

Question 5

A bridge would be an example of real property.

Question 6

The Statute of Frauds requires the real estate sales contracts to be in writing.

Question 7

Plant life and vegetation growing on the surface of land are considered personal property.

Question 8

Separate property is included in community property.

Question 9

Reversion occurs when the rights of possession returns to a third party upon the expiration of a limited estate.

Question 10

A tenant in common can sell his or her interest in the property without the consent of the other co-owners.

Question 11

Subsurface rights cannot be sold separately from surface rights.

Question 12

The right of possession of remainder is an example of future interest.

Question 13

Buildings constructed on land are considered personal property.

Question 14

A fee simple owner has the right to exclusively possess and use his property to the extent that the owner has not transferred any interest in the property.

Question 15

If a person owns real property in fee simple, his or her ownership is limited in duration.

Question 16

A life tenant is treated as the owner of the property even after the duration of the life estate.

Question 17

A terminated life estate property reverts to the grantor or the grantor's estate or other designated person.

Question 18

If a person owns real property in fee simple, his or her ownership has no limitation on inheritability.

Question 19

A joint tenant does not have the right to sell or transfer his or her interest in the property.

Question 20

Kitchen cabinets in a building are considered fixtures.

Question 21

Under a periodic tenancy system, the notice period is usually the same as the length of the payment period.

Question 22

A rental agreement between a landlord and a tenant is called a lease.

Question 23

Any lease for a stated period irrespective of its duration is called periodic tenancy.

Question 24

An easement appurtenant cannot be terminated upon change in ownership title of the dominant estate.

Question 25

A new owner of a servient estate cannot inherit the appurtenant easement.

Question 26

A general warranty deed contains the greatest number of warranties and provides the highest level of protection to a grantee.

Question 27

In a landlord-tenant relationship, the tenant receives a nonfreehold estate in the real property.

Question 28

Properties owned by state and federal governments are subject to the doctrine of adverse possession.

Question 29

The death of one of the parties of a tenancy of will does not terminate the contract.

Question 30

An easement is an example of nonpossessory interest in another's real property.

Question 31

The land over which the easement is granted is called the servient estate.

Question 32

The Statute of Frauds permits lease contracts that last for less than five years to be orally contracted.

Question 33

The doctrine of adverse possession requires the delivery of deed for transfer of property to be valid.

Question 34

An easement in gross does not create a dominant estate.

Question 35

To obtain title under adverse possession, the adverse possessor must physically occupy the property.

Question 36

A deed can only be used to transfer a fee simple absolute interest in real property.

Question 37

In a special warranty deed, the seller is liable for defects in title that existed before the seller obtained the property.

Question 38

A ticket to a movie theater or sporting event is an example of a license.

Question 39

Recording a deed gives constructive notice to the world of the owner's interest in the property.

Question 40

A tenancy for years terminates automatically, without notice, upon the expiration of the stated term.

Question 41

A tenant at sufferance is liable for the payment of rent during the period of sufferance.

Question 42

The compensation provided by the government for the power of eminent domain is final and cannot be disputed further.

Question 43

Plant life and vegetation growing on the surface of land are considered to be ________.

A) intangible property
B) real property
C) personal property
D) chattels

Question 44

The Due Process Clause of the Fifth Amendment to the U.S. Constitution requires the government to compensate the property owner when it exercises the power of eminent domain.

Question 45

What are surface rights in real property?

A) the right to possess the earth beneath the land
B) the right to occupy the land
C) the right to possess personal property
D) the right to convert personal property to negotiable instruments

Question 46

The Americans with Disabilities Act applies only to places of accommodation operated by public entities.

Question 47

What are fixtures?

A) goods closely associated with a piece of real property
B) intangible properties created inside the premises of a real property
C) parts of a real property that are easily transferrable without substantial damage to the property
D) goods that cannot be classified as personal property or real property

Question 48

Air rights enable the owner of a property to ________.

A) develop natural and cultivated plant life on the land
B) drill into the earth to utilize ground water for personal use
C) rent or sell the space above the property for commercial purposes
D) create fixtures inside the real property that become a part of the sale agreement

Question 49

The attorney general may seek equitable relief and civil fines for any violation of the ADA.

Question 50

The rights to the earth located beneath the surface of the land are defined as ________.

A) chattel rights
B) air rights
C) mineral rights
D) joint rights

Question 51

Plant life that is severed from the land is considered ________.

A) intangible property
B) immovable property
C) real property
D) personal property

Question 52

The legal rights that the owner has to possess, use, and enjoy the property are known as ________.

A) future interests
B) estate in land
C) easement rights
D) estoppel by deed

Question 53

Land, as well as buildings, trees, soil, minerals, timber, plants, and other things permanently affixed to the land are known as ________.

A) chattel
B) intangible property
C) personal property
D) real property

Question 54

The power of the eminent domain allows the government to take private property for public use after paying consideration.

Question 55

Monetary damages are not provided in cases involving violation of the ADA.

Question 56

A person who leases a single-family dwelling and does not own more than three single-family dwellings does not come under the purview of the Fair Housing Act of 1968.

Question 57

________ are an example of real property.

A) Buildings
B) Patents
C) Automobiles
D) Works of art

Question 58

Title III of the ADA requires construction of ramps to accommodate wheelchairs.

Question 59

The Fair Housing Act specifically prohibits discrimination against disabled individuals in employment, public services, public accommodations and services.

Question 60

Which of the following is true of subsurface rights in real property?

A) Subsurface rights cannot be used to mine radioactive elements.
B) Subsurface rights can be sold separately from surface rights.
C) Minerals found beneath real property have to be given up to the government.
D) Subsurface rights can only be invoked to dig oil wells.

Question 61

________ is an interest in real property that lasts for a specified person's lifetime.

A) Life estate
B) Fee simple absolute
C) Servient estate
D) Fee simple defeasible

Question 62

When does a joint tenancy become a tenancy in common?

A) when a joint tenant sells his or her property
B) when a joint tenant dies
C) when two joint tenants swap their share in the tenancy
D) when two joint tenants are bound by a marital relationship

Question 63

A(n)________ is an estate in which the owner has a present possessory interest in the real property.

A) estate pour autre vie
B) freehold estate
C) future interest
D) easement

Question 64

Which of the following is true of a life tenant?

A) A life tenant has the right to sell the life estate at will.
B) A person who gives a life estate to another is called a life tenant.
C) A life tenant can possess the life estate to the point of rendering it worthless by permanent damage.
D) A life tenant is treated as the owner of the property for the duration of the life estate.

Question 65

Karen, Kelsey, Rita, and Lizzi own a large commercial building as concurrent owners. They are tenants with the right to survivorship. Lizzi sells her one-quarter interest in the building to Stella. What kind of concurrent ownership exists between Karen, Kelsey, Rita, and Stella?

A) a tenancy in common
B) a tenancy by entirety
C) a joint tenancy
D) a community property

Question 66

A life estate that is measured by the life of a third party is referred to as ________.

A) estate pour autre vie
B) servient estate
C) community property
D) future interest

Question 67

After the death of Horace, the other two joint tenants of the luxury dining restaurant "Rendezvous" became the owners of Horace's interest in the property automatically. This feature of their concurrent ownership is called ________.

A) quiet title action
B) adverse possession
C) nonconforming use
D) right of survivorship

Question 68

The difference between a qualified fee ownership and a fee simple ownership is that a qualified fee ownership can be ________.

A) transferred at will by the owner of the property
B) terminated if a specified event occurs or fails to occur
C) infinite in its duration
D) inherited without limitations

Question 69

________ is a form of co-ownership of real property that can be used only by married couples.

A) Cooperatives
B) Tenancy in common
C) Joint tenancy
D) Tenancy by the entirety

Question 70

Which of the following is a form of co-ownership that disallows the right of survivorship and allows unilateral transfer of interest?

A) tenancy in common
B) joint tenancy
C) cooperatives
D) tenancy by the entirety

Question 71

Karen, Kelsey, Rita, and Lizzi own a large commercial building as concurrent owners. They are tenants with the right to survivorship. Lizzi transfers her one-quarter interest in the building to a private charity organization owned by Stella. Under which of the following forms of concurrent ownership would Karen, Kelsey, and Rita become the owners of the property following Lizzi's death without the inclusion of the private charity organization run by Stella?

A) a tenancy by entirety
B) a community property
C) a joint tenancy
D) a tenancy in common

Question 72

________ is a form of co-ownership that includes the right of survivorship as well the right of tenants to unilaterally transfer their interest without the consent of co-tenants.

A) Tenancy in common
B) Joint tenancy
C) Cooperatives
D) Tenancy by the entirety

Question 73

A(n)________ grants the owner all the incidents of a fee simple absolute except that ownership may be taken away if a specified condition occurs or does not occur.

A) future interest
B) servient estate
C) fee simple defeasible
D) easement estate

Question 74

________ is a type of ownership of real property that grants the owner the fullest bundle of legal rights that a person can hold in real property.

A) Fee simple absolute
B) Life estate
C) Servient estate
D) Fee simple defeasible

Question 75

Which of the following provisions protects the interest of a joint tenancy upon the death of a joint tenant?

A) the quiet title action
B) the estate in land
C) the right of survivorship
D) the quitclaim deed

Question 76

Which of the following forms of co-ownership of real property applies only to married couples?

A) joint tenancy
B) community property
C) tenancy in common
D) condominiums

Question 77

Which of the following is true of a tenancy by the entirety?

A) It can only be formed between corporations.
B) It does not contain the conditional right of survivorship upon the death of a tenant.
C) It cannot be created by the usage of express words alone.
D) It cannot be transferred by any one of the tenants without the consent of the other.

Question 78

Martin, who owned a piece of property along with two other tenants, executed a will by which he left all his property to his son. When Martin died, his son received his interest in the shared property and became a tenant with the other two owners. What kind of concurrent ownership would allow such a passage of title?

A) a joint tenancy
B) a tenancy in common
C) a tenancy by entirety
D) a community property

Question 79

Which of the following is true of an ownership of real property that is fee simple absolute?

A) It cannot be inherited.
B) It terminates based on the occurrence or nonoccurrence of a specified event.
C) It is infinite in duration.
D) It cannot be transferred at will.

Question 80

Carmen, Westbrook, and Ashton are concurrent owners of a large commercial building. Ashton executes a will that leaves all his property to his son in the event of his death. But after Ashton passes away, his ownership interest in the building was acquired by the two remaining tenants of the building. Which of the following kinds of concurrent ownership would allow such a passage of title?

A) a tenancy by entirety
B) a community property
C) a joint tenancy
D) a tenancy in common