Deck 3: Extent of Real Estate Interests

Question 1

Land ownership includes air rights and subsurface rights.

Answer 1

True

Question 2

Air rights and subsurface rights cannot be conveyed independently.

Answer 2

False

Question 3

Because a landowner owns the airspace above the land, air travel through that airspace is prohibited.

Answer 3

False

Question 4

A column lot is the space between the earth's surface and an imaginary plane 23' above the surface.

Question 5

Both air lots and column lots must be owned together (held by one owner).

Question 6

In condominiums, the owner really owns air space.

Question 7

The Doctrine of Ancient Lights has been adopted in the United States.

Question 8

Solar easements provide protection from obstruction of light and sunlight.

Question 9

A subsurface interest in land should include an easement or license for surface use for access.

Question 10

The Rule of Capture permits a party to draw all minerals from the subsurface - even those drifting in from adjoining properties.

Question 11

Oil and gas deposits follow clearly defined property boundaries.

Question 12

An oil and gas lease is a subsurface property right.

Question 13

In federal courts, geothermal energy is treated as a mineral.

Question 14

Riparian states are those states primarily east of the Mississippi.

Question 15

The Riparian Theory of water rights is one of first in time/first in right.

Question 16

The Riparian Theory applies only to those owning property abutting or touching the water body.

Question 17

The Prior Appropriation Theory requires the rights of all appropriators to be equal.

Question 18

Objects landing on another's property can constitute trespass.

Question 19

A public nuisance is one affecting an indeterminate number of people.

Question 20

If a party moves to the nuisance, he/she is are precluded from recovering.

Question 21

A private nuisance is not actionable (the affected party cannot successfully sue).

Question 22

The title to riverbeds is governed by either the Riparian Theory or Prior Appropriation Doctrine.

Question 23

A patron in a store is an invitee.

Question 24

A landowner owes the highest duty of care to licensees.

Question 25

The Rule of Capture protects landowners drilling from their property at an angle to another landowners' property.

Question 26

Some states have statutes prohibiting obstruction of solar collectors.

Question 27

Without a protective statute, the obstruction of a solar collector is governed by the doctrine of ancient lights.

Question 28

Water running from one landowner's property to another causing flooding is a trespass.

Question 29

Landowners are not responsible for injuries to others on their property.

Question 30

A permanent structure can be built solely in the air rights in a property.

Question 31

The right to a view has been protected since the common law developed in England.

Question 32

An easement protecting a view is an example of an air right.

Question 33

An example of a profit is the right to remove gravel.

Question 34

Planes cannot fly over property owned by others without an easement.

Question 35

Most states follow the Doctrine of Ancient Lights.

Question 36

The right to lights is governed by the same principles as air rights.

Question 37

Invitees are owed the highest degree of care by landowners.

Question 38

Landowners are strictly liable for criminal conduct of others that occurs on their property.

Question 39

The right to flight over property is given only by easement.

Question 40

Those who own subsurface rights have no responsibility to restore and repair surface damage.

Question 41

The airplane is part of the modern environment of life, and the inconveniences which it causes are normally not compensable under the Fifth Amendment.

Question 42

A property owner affected by the overhang can bring suit for a court order requiring the removal of the eaves or branches.

Question 43

A column lot and air lot cannot be conveyed together in a grant separate from the surface rights.

Question 44

The 59-story Met Life Building in New York is built only in the air lot above the surface.

Question 45

Oil and gas rights are always taxed as real property.

Question 46

Statutes protecting wind power are developing in a fashion similar to the early solar panel statutes.

Question 47

There is increasing litigation between states over water allocation.

Question 48

Landowners are liable for any injuries resulting from criminal acts committed on their property.

Question 49

The federal government has special funding programs available for developing geothermal energy resources.

Question 50

The issue of the right of way for drones has been resolved by the U.S. v. Causby decision.

Question 51

Drones have the right of way in the airspace.

Question 52

TDRs govern the rights to transfer air and column lots.

Question 53

The Energy Improvement and Extension Act extends solar tax credits through 2016.

Question 54

The trend in CC&Rs is to allow homeowners' associations greater authority in regulating solar devices.

Question 55

States are not permitted to require buffer zones for wind turbines.

Question 56

Fracking is not subject to a great deal of local or federal regulation.

Question 57

Fracking is subject to the Oil Pollution Act as well as CERCLA.

Question 58

Texas allows landowners to capture rainwater and retain title to it unless it enters the ground.

Question 59

Colorado does not allow landowners to capture rainwater for their use.

Question 60

A customer is an example of an invitee.

Question 61

Grocery store owners are required to periodically sweep their floors to protect customers.

Question 62

Landowners owe no duty of care to trespassers.

Question 63

There are no federal laws that directly regulate fracking.

Question 64

The Halliburton Loophole excludes fracking from EPA oversight and enforcement.

Question 65

The BLM can regulate fracking projects on federal land.

Question 66

State laws on fracking generally preempt locking regulations.

Question 67

A patron in a department store is:

A) A trespasser.
B) A licensee.
C) An invitee.
D) A criminal.

Question 68

What remedies are available for nuisance?

A) Money damages
B) Ordering the nuisance creator to turn over title to his property
C) Ordering the nuisance creator to pay for the property of surrounding landowners
D) Criminal penalties

Question 69

The doctrine of "moving to the nuisance":

A) Excuses the party creating the nuisance from any liability
B) Is inapplicable to residential developments
C) Applies only to public nuisances
D) Has protected existing farms when residential development comes to farm areas.

Question 70

Geothermal resources:

A) Can be classified as minerals.
B) Cannot be regulated by the federal government.
C) Are a form of fracking.
D) Are no longer available.

Question 71

For an act of trespass to occur:

A) The trespasser must have entered the property with his body.
B) The trespasser must have caused some damage.
C) The trespasser must have committed some other wrong.
D) An overhang of a plant or tree is sufficient.

Question 72

The column lot:

A) Is the airspace from the surface up to 23 feet.
B) Is the airspace above 23 feet above the surface.
C) Cannot be transferred.
D) Is below the surface.

Question 73

The Rule of Capture:

A) Allows mining of resources not directly beneath surface owned property.
B) Allows limitless mining.
C) Does not apply to oil or gas.
D) Does not allow mining of resources not directly beneath surface owned property.

Question 74

The Doctrine of Ancient Lights:

A) Exists in England.
B) Exists in the United States.
C) Was adopted by statute in most states.
D) Still exists in some way with the protection of solar rights.

Question 75

Which of the following is not characteristic of the Prior Appropriation Doctrine of Water Rights?

A) First in time/first in right
B) Must own land abutting or touching the body of water
C) Water can be used for natural and artificial purposes
D) Is now replaced by Riparian rights.

Question 76

To recover on a nuisance theory:

A) A landowner must establish physical entry of some tangible item.
B) A landowner must establish the conduct was intentional.
C) A landowner must establish damage.
D) There must be land ownership and not just a lease interest to recover for a nuisance.

Question 77

To which of the following groups does a landowner owe the highest degree of care?

A) Trespasser
B) Licensee
C) Invitee
D) First Responders

Question 78

Solar easements:

A) Are illegal in most states.
B) Provide the easement holder with a right to light.
C) Exist because the U.S. follows the doctrine of ancient lights.
D) Are protected under the Doctrine of Ancient lights.

Question 79

Which of the following rights cannot be conveyed?

A) Air rights
B) Mineral rights
C) Prior appropriation water rights
D) Nuisance recover rights

Question 80

Jonas Smith owns a corner lot that the school children use continually as a short cut on their way to and from Jackson Elementary. Smith grew tired of seeing the diagonal path. He posted signs, which did not deter the children. He erected a gate which they climbed over. He then posted an attack dog at 8:00 a.m. and 3:00 p.m. A child who tried to pet the dog was mauled.

A) Smith is liable for the child's injuries.
B) The child was a trespasser and Smith is not liable.
C) The child was a licensee, but was warned, hence Smith is not liable.
D) The child was an invitee.