Deck 2: Rights and Interests in Land

Question 1

An easement by prescription may be created by

A) payment of taxes.
B) the dominant tenement.
C) the party benefiting from the easement.
D) continuous use.

Answer 1

D
An easement by prescription may be created by continuous use.

Question 2

The greatest estate or ownership in real property is

A) an estate at sufferance.
B) a fee simple estate.
C) a life estate.
D) a qualified estate.

Answer 2

B
The greatest estate or ownership in real property is a fee simple estate.

Question 3

Property taxes are characteristic of the

A) allodial system of land ownership.
B) feudal system of land ownership.
C) Napoleonic system of land ownership.
D) English common system of land ownership.

Answer 3

A
Property taxes are characteristic of the allodial system of land ownership.

Question 4

Which estate is the most complete estate to own?

A) Fee simple estate
B) Qualified fee
C) Less than freehold
D) Life estate

Question 5

By what power do government bodies enforce zoning?

A) Eminent domain
B) Condemnation
C) Dominant estate
D) Police power

Question 6

A woman allowed her neighbor to drive over her property to get to his own. The woman may have given her neighbor

A) an encumbrance.
B) a right of way.
C) a condemnation.
D) a lien.

Question 7

An encumbrance which becomes a lien on real property could be created by

A) restrictive covenants.
B) granting a license.
C) an encroachment.
D) special assessments.

Question 8

A woman who lived in a retirement home and had no relatives, told her friend that she wanted her to have all of her property after she died, however she never made a will. Upon her death, her estate would

A) pass to the friend, since that was her wish.
B) pass to the retirement home where she lived.
C) escheat to the state.
D) pass to an entity determined by the probate court.

Question 9

By what action does the government take property for public use?

A) Condemnation
B) Adverse possession
C) Zoning
D) Public vote

Question 10

A property owner who holds fee simple title to land will have all of the following "sticks" in his bundle of rights EXCEPT the right to

A) occupy and use it.
B) restrict the use of it.
C) devise it.
D) violate building, health and safety codes.

Question 11

The government receives the authority to take the property of one who dies without a will and without heirs by virtue of

A) laws of agency.
B) eminent domain.
C) police power.
D) escheat.

Question 12

An example of an encumbrance would be

A) a servient estate.
B) a dominant estate.
C) a life estate.
D) an easement in gross.

Question 13

Developers avoid land locked properties by creating an easement

A) by necessity.
B) by prescription.
C) in gross.
D) in common.

Question 14

The power of governments to appropriate private property for the public welfare is known as

A) zoning.
B) eminent domain.
C) appropriation.
D) police power.

Question 15

An easement

A) is always appurtenant.
B) is an estate at sufferance.
C) runs with the land.
D) is an estate at will.

Question 16

Alice has an easement over Betty's adjoining property. Alice sells her property to Martha. The easement will

A) be terminated by the sale.
B) revert to Betty who may or may not grant it to Martha.
C) become public domain.
D) runs with the land and will pass to Martha automatically.

Question 17

Which entity would be most likely to hold an easement in gross?

A) Adjacent property owner
B) A power company
C) A tenant at will
D) A corporation on the same road

Question 18

An easement appurtenant may be terminated

A) by merger of the dominant and servient estates.
B) by court action when the dominant tenement changes.
C) by continuous use.
D) unilaterally by the holder of the servient tenement.

Question 19

Termination of an easement appurtenant may be accomplished

A) by the servient tenement when he has another use for the land.
B) when the purpose of the easement no longer exists.
C) by a court of law when no longer used.
D) unilaterally by the holder of the servient tenement.

Question 20

An easement may be cancelled by all of the following EXCEPT

A) the servient tenement.
B) the dominant tenement.
C) acquiring both lots.
D) prescription.

Question 21

If title to real property is said to be fee simple, it can NOT be alienated.

Question 22

A judgment, when properly recorded, becomes

A) a voluntary lien.
B) an involuntary lien.
C) a specific lien.
D) a personal lien.

Question 23

The bundle of rights includes the right of escheat.

Question 24

A family had a lion as a pet at their home outside the city. When the area became incorporated, the city made him get rid of the lion by their use of police power.

Question 25

Government rights limit private rights in real property by the use of appropriation.

Question 26

A government may acquire ownership of privately held land by patent.

Question 27

Railroads have the right to condemn private property for public use.

Question 28

Mrs.Wallock has a life estate for the duration of her own life. She

A) can devise it.
B) cannot lease it.
C) can sell it.
D) cannot mortgage it.

Question 29

Deed restrictions are examples of

A) government limitations on land.
B) private control of land.
C) police power.
D) Increased power in the hands of the zoning authority.

Question 30

A power company wants to lay a service line across customer properties and must acquire an irrevocable right to do so. This right would be called

A) an easement appurtenant.
B) an easement in gross.
C) a license.
D) an irrevocable lien.

Question 31

A property owner leases a house to a tenant until a buyer is found for the house. Such a tenancy is called a

A) periodic tenancy.
B) tenancy at will.
C) tenancy in common.
D) tenancy for years.

Question 32

Which of the following is a non-freehold estate?

A) Tenancy by the entirety
B) Tenancy for years
C) estate held by a remainderman
D) Estate in reversion

Question 33

When real property is taken by means of eminent domain, the government has to pay the landowner fair market value.

Question 34

All of the following may constitute a lien on real property EXCEPT

A) a mortgage.
B) unpaid real property taxes.
C) a restrictive covenant in a deed.
D) a judgment against the owner.

Question 35

Which of the following is a lien on real property?

A) Paid property taxes
B) Easements
C) Mortgages
D) Right of way

Question 36

Under the feudal system of land ownership, the responsibility for providing services, determining land use, etc., was held by the king.

Question 37

A holdover tenancy is most likely created after the expiration of a

A) the tenancy in common.
B) joint tenancy.
C) tenancy by the entirety.
D) tenancy for years.

Question 38

A fee simple estate in real property may not be transferred with a bill of sale.

Question 39

After purchasing a property, the buyers found a neighbor's fence was two feet inside of their property line. If discussion fails to resolve the problem, the buyers should consider filing suit against the

A) title company.
B) neighbors to remove the encroachment.
C) neighbors for adverse possession.
D) broker even though he was not aware of the encroachment.

Question 40

The greatest estate in real property is a fee simple estate.

Question 41

A property owner who suffers from a government's exercise of its _________________________ will not be compensated for her loss.

Question 42

An encumbrance affects the loan to value ratio.

Question 43

An easement appurtenant passes with the title to the dominant estate.

Question 44

The best way to determine whether a property has an encroachment is to search the title.

Question 45

Concerning the duration of deed restrictions, they ____________________ with the land.

Question 46

The power of _________________________ can be used to take land for a public road, public parking or an irrigation district.

Question 47

A property owner lived in an area newly zoned for business but his deed contains a restriction against commercial usage. In this case the zoning laws would prevail.

Question 48

The legal right of a utility company to maintain power lines along the back of a lot is called adverse possession.

Question 49

An easement may be removed from county records by a quit claim deed signed by the owner of the easement.

Question 50

A leasehold estate, which may be ____________________ by either party at any time, is an estate from period to period.

Question 51

When a parcel of real property is sold in foreclosure, the easement rights transfer with title.

Question 52

An estate, which is indefinite in duration, inheritable and transferable, is called a _________________________ estate.

Question 53

The entitlements of fee simple ownership, which exclude those without rights from interfering, are the ____________________ of rights.

Question 54

The type of lien used by someone who does work or supplies materials for a home and has not been paid is called a mechanic's lien.

Question 55

A ____________________ mortgage lien could not result in the sale of a debtor's real property in order to gain funds for the satisfaction of a debt.

Question 56

A properly recorded easement on real property is an ____________________.

Question 57

The person who conveys a life estate to a life tenant controls who receives ____________________ after the death of the life tenant.

Question 58

The system under which individuals are given the right to own land is the _________________________.

Question 59

An easement may be created by a written document granting the right to another.

Question 60

A private road on Don's property has often been used by fishermen as a walkway to the lake. If Don wishes to break the fishermen's claim to an easement by prescription, while still allowing the use, he must give notice of his consent to their use of the property.

Question 61

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the right or privilege one party has to use land belonging to another for a special purpose

Question 62

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the landlord or fee owner

Question 63

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
an award to a property owner whose land is not taken but which suffers because of a nearby public land use

Question 64

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the right of government to take privately held land for fair compensation

Question 65

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
spouses are treated as equal partners with each owning a one-half interest

Question 66

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
an estate in land that is held in fee or for life

Question 67

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the largest, most complete bundle of rights one can hold in land, land ownership

Question 68

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the unauthorized intrusion of a building or other improvement onto another person's land

Question 69

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
a tenancy that provides for continuing automatic renewal until canceled

Question 70

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
compensation for the loss in market value that results from splitting up a property in condemnation proceeding

Question 71

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the conveyance of fee title for the duration of someone's life

Question 72

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
one in which individuals are given the right to own land

Question 73

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
an article of personal property

Question 74

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
the right of government to enact law and enforce them for the order, safety, health, morals, and general welfare of the public

Question 75

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
any impediment to a clear title such as a lien, lease or easement

Question 76

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
law that develops from custom and usage over long periods of time

Question 77

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
provisions placed in deeds to control how future landowners may or may not use the property

Question 78

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
all land ownership rests in the name of the king

Question 79

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
taxes levied against privately held land based on its value

Question 80

Choose the one most appropriate answer for each.
a.allodial system
k.fee simple
b.chattel
l.feudal system
c.common law
m.freehold estate
d.community property
n.homestead protection
e.consequential damages
o.lessor
f.deed restrictions
p.life estate
g.easement
q.periodic tenancy
h.eminent domain
r.police power
i.encroachment
s.property taxes
j.encumbrance
t.severance damages
state laws that protect against the forced sale of a person's home