Deck 26: Real Property and Land-Use Control

Question 1

A fixed-term tenancy is created when property is leased for a specified period of time.

Answer 1

True

Question 2

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

Answer 2

True

Question 3

Property used by a government for a public purpose such as a park is community property.

Answer 3

False

Question 4

In every leasehold estate,the tenant has an unqualified right to exclusive possession.

Question 5

The owner of a fee simple absolute has the right to use the land for whatever purpose it is best suited,not for whatever purpose the owner sees fit.

Question 6

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 7

A periodic tenancy is created by a lease that does not specify how long it is to last,but does specify that rent is to be paid at certain intervals.

Question 8

A license is a right to go onto land owned by another and take away some part of the land itself or some product of the land.

Question 9

It is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.

Question 10

With a tenancy at will,either party can terminate the tenancy without notice.

Question 11

The exterior boundaries of land extend down to the depth of the deepest hole and up to the height of the tallest structure and no further.

Question 12

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

Question 13

To terminate a periodic tenancy,a landlord must give at least one period's notice to the tenant.

Question 14

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

Question 15

Each of two spouses owns an undivided one-half interest in community property.

Question 16

In a tenancy in common,the interests are undivided.

Question 17

A joint tenant's sale of his or her interest terminates the joint tenancy.

Question 18

Crops growing on land are not considered to be real property.

Question 19

Surface and subsurface rights cannot be separated.

Question 20

The mere possession of land without right is a tenancy at will.

Question 21

For a party to take by adverse possession,the party's possession must be secret or clandestine.

Question 22

Most states imply an implied warranty of habitability in the sale of new homes.

Question 23

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

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

Question 24

Frank owns Guest Hotel.His ownership rights include the right to sell or give away the property without restriction,as well as the right to commit waste,if he chooses.Frank's ownership interest is​

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

Question 25

Inverse condemnation occurs when an owner simply gives private property to the government without accepting any compensation.

Question 26

One of the basic elements of zoning is the classification of land by permissible use as part of a comprehensive municipal plan.

Question 27

Zoning laws consist of the rules and regulations that collectively manage the development and use of land.

Question 28

A quitclaim deed offers the most protection against defects in the title.

Question 29

Marketable title refers to negotiations that result in a transfer of real property.

Question 30

A municipality can encourage certain uses of property by offering tax credits to homeowners,but not to businesses.

Question 31

Zoning restrictions are absolute.

Question 32

Holly owns a farm in Iowa,with a farmhouse,barn,and other structures permanently attached.She grows corn on the property.Here,land includes​

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

Question 33

Eminent domain is the right of an owner of property in fee simple absolute to use the property as he or she sees fit.

Question 34

A recording statute allows deeds to be recorded in the public record.

Question 35

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

Question 36

Barlow owns the surface rights for Canyon Ranch,but does not own the subsurface rights.Dusty owns the subsurface rights.Canyon Ranch includes a house,a bunkhouse,and two barns,which are damaged when Dusty is excavating for minerals under the surface.Most likely liable for the damage is​

A)Dusty.
B)Barlow.
C)Dusty and Barlow.
D)no one.

Question 37

Otto deeds a plot of timberland to Public University as a gift.The university pays nothing for the property.Otto has given the university​

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

Question 38

The government cannot take private property for public use.

Question 39

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

Question 40

Taking private property for public use requires the payment of "just compensation."​

Question 41

Roy and Sally take title to a Tacos Caliente restaurant in such a way that if one dies,the other will be the sole owner.They own the restaurant as​

A)co-owners in fee simple.
B)joint tenants.
C)co-owners of a life estate.
D)tenants in common.

Question 42

Sam occupies a house on the farm of his mother Ruth with her consent but without paying rent.Either party can terminate this arrangement without notice.This is​

A)a periodic tenancy.
B)a tenancy at sufferance.
C)a tenancy at will.
D)adverse possession.

Question 43

Alexis sells half of her Triple A Ranch to Bar B Cattle Company.On the land is a reservoir.In the deed,Alexis retains the right to remove a limited amount of water per day from the reservoir.This right is​

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

Question 44

Maria uses Nick's garage to store her car.She does not pay rent.Nick decides that he needs the garage for his own car.To terminate Maria's tenancy,Nick​

A)must give at least one week's notice.
B)must give at least two week's notice.
C)must give a reasonable amount of notice.
D)need not give any notice.

Question 45

Ernie,the owner of Fallow Farm,sells Gus a right to park his RV on Fallow land overnight.Gus's right is​

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

Question 46

Sol allows Tiffany to camp on his land for several days and take photos for an upcoming exhibit of landscape photography.Sol has given Tiffany​

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

Question 47

Car Wash Company has a right to direct its customers to drive their vehicles across Don's Gas n' Shop property,which is adjacent to Car Wash's facility.This right is​

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

Question 48

Grace has a fixed-term tenancy for her apartment with Hillside Apartments.Grace dies.Her tenancy​

A)passes to her heirs as real property.
B)passes to her heirs as personal property.
C)is terminated.
D)becomes a tenancy at will.

Question 49

Steve possesses five hundred acres of forested property.He has the right to use the land,including cutting its timber,for life.He also has the right to lease the land for a period not to exceed his life.This is​

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

Question 50

Kelly leases an office from Land & Building Company (LBC)for a four-year term with the rent payable monthly.At the end of the term,Kelly retains possession of the office with LBC's consent and continues to pay monthly rent.This is​

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

Question 51

Greg rents an apartment to Hugo,who retains possession of the apartment after the lease expires without making any payments of rent.This is​

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

Question 52

Storage,Inc. ,signs a six-month lease to occupy a warehouse.This is​

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

Question 53

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

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 54

Katy and Leo own Main Street Apartments as tenants in common.Katy sells her rights in the property to Nell.Leo and Nell are​

A)tenants by the entirety.
B)joint tenants.
C)none of the choices.
D)tenants in common.

Question 55

With respect to Ed's property near Fish Lake,Gail has an easement and Hayden has a profit.A right to possess the property is owned by​

A)Ed.
B)Gail.
C)Hayden.
D)none of the choices.

Question 56

Mia has a periodic tenancy that requires her to pay rent weekly.Mia wishes to terminate her tenancy.Under the common law,she must give her landlord notice of at least​

A)one week.
B)two weeks.
C)thirty days.
D)no certain period.

Question 57

Landscaping Company has the right to enter onto Martin's land and remove topsoil from certain acreage.This is​

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

Question 58

Lloyd and Maya are married and own a farm in Nebraska in such a way that neither may transfer separately his or her interest during his or her lifetime.Lloyd and Maya own the farm as​

A)tenants by the entirety.
B)joint tenants.
C)none of the choices.
D)tenants in common.

Question 59

Jan lives in Ken's mountain cabin without paying rent.This is​

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

Question 60

Betsy and Carol own a duplex in Denver as joint tenants.Betsy sells her rights in the property to Ellen.Carol and Ellen are​

A)tenants by the entirety.
B)joint tenants.
C)none of the choices.
D)tenants in common.

Question 61

To obtain a zoning variance,Business Properties Corporation must demonstrate to Center City Zoning Board that the variance will not​

A)compromise the campaign promises of the zoning board members.
B)include a burden that has a connection to the property.
C)result in a profit for its proponent.
D)alter the essential character of the property.

Question 62

Riley conveys three acres of wetlands to Sharon with a deed that warrants only that he held good title during his ownership of the property.This is​

A)a grant deed.
B)a quitclaim deed.
C)a special warranty deed.
D)a warranty deed.

Question 63

To obtain a zoning variance in a hardship situation,Land Developers,Inc. ,must show Metro Zoning Board that​

A)the hardship was self-created.
B)the applicable zoning restriction's footprint is too heavy.
C)the variance will not result in a profit for its proponent.
D)complying with the existing zoning rules would be too costly or difficult.

Question 64

Bay City wants to acquire undeveloped land within the city limits to convert into a public park.Bay City brings a judicial proceeding to obtain title to the land.This is​

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

Question 65

County Zoning Commission demands that Development,Inc. ,a private builder,allocate space for parking and take other steps to accommodate traffic before beginning construction of a shopping mall.This is​

A)a restrictive covenant.
B)inverse condemnation.
C)a zoning restriction.
D)constructive eviction.

Question 66

To widen a highway,the state of Ohio obtains,through a judicial proceeding,title to the individual lots in a residential neighborhood.A subsequent proceeding will determine​

A)the fair value of the 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 67

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 is​

A)a grant deed.
B)a quitclaim deed.
C)a special warranty deed.
D)a warranty deed.

Question 68

Vera sells her alluvial acres to Walt.The title is transferred by deed.Vera is​

A)the grantee.
B)the grantor.
C)the adverse possessor.
D)the licensor.

Question 69

Metro City exercises its power of eminent domain to acquire land for a public project,including part of a public transit rail system and a traffic bypass.Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project.Nathan's Deli is adjacent to the project.Nathan's loses most of its business when the residents are moved.Nathan's files a suit against Metro City,alleging that its acquisition of the land resulted in a taking of the deli's property interest,entitling it to compensation.What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?​

Question 70

Dan wants to transfer the ownership of his warehouse to Eve by deed.To do so requires​

A)Eve's signature only.
B)Dan's signature only.
C)Dan and Eve's signatures.
D)a judge's signature.

Question 71

Rick owns a field behind Sierra's house and property.The only access to the field is Sierra's driveway,which Rick uses to get to his field.If he sells the field,can the buyer use the right-of-way across Sierra's property?​

Question 72

Investment Properties Inc.conveys an office building to Jim 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 special warranty deed.
D)a warranty deed.