Deck 37: Real Property

Question 1

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

Answer 1

True

Question 2

The owner of real property has no rights to the airspace above the land.

Answer 2

False

Question 3

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

Answer 3

False

Question 4

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

Question 5

Land does NOT include the artificial structures attached to it. 

Question 6

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 7

Ownership of property exists independently of the legal system. 

Question 8

Ownership in fee simple defeasible constitutes absolute ownership. 

Question 9

Zoning laws may limit an owner's ability to use land in certain ways. 

Question 10

The protection of an individual's right to his or her property has become one of our most important rights. 

Question 11

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

Question 12

Defeasible means capable of being terminated. 

Question 13

Surface and subsurface rights cannot be separated. 

Question 14

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

Question 15

The rights that accompany a fee simple absolute include the right to use the land for whatever purpose it is best suited,not necessarily for whatever purpose the owner sees fit. 

Question 16

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

Question 17

Plant life is considered to be real property. 

Question 18

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 19

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

Question 20

Subsurface rights are never valuable. 

Question 21

A life tenant is NOT required to pay property taxes. 

Question 22

For a party to take by adverse possession,the party's possession must be peaceable,and not hostile. 

Question 23

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 24

Eminent domain is the right of an owner in fee simple absolute to give the property to the government. 

Question 25

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

Question 26

The government cannot take private property for public use. 

Question 27

Ulrich owns a farm in Virginia.Ulrich's brother Werner owns the subsurface rights to the farm.Werner can sell the subsurface rights​ 

A) ​without consulting Ulrich. 
B) ​only with Ulrich's consent. 
C) ​only when Ulrich sells the farm. 
D) ​only by first buying the farm from Ulrich.

Question 28

Huong owns a farm in Iowa,with a farmhouse,barn,and other structures permanently attached.Huong grows corn on the property.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 29

A quitclaim deed conveys to the grantee whatever interest the grantor had. 

Question 30

A profit is the revocable right of a person to come onto another person's land. 

Question 31

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

Question 32

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

Question 33

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 34

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 35

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 36

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

Question 37

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 38

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

Question 39

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

Question 40

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

Question 41

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

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

Question 42

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 43

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 44

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 45

Rollo deeds a plot of timberland to Scholars University as a gift.The university 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 46

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

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

Question 47

Alexis sells half of her Triple A Ranch land to the Big B Ranch.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 48

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 49

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 50

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 responsible for the damage is​ 

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

Question 51

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 52

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 53

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 54

Fact Pattern 37-1Virgil owns a ranch in Wyoming. His ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if he chooses.
Refer to Fact Pattern 37-1.Virgil conveys some of his land to Tomas with the right to possess and use the property for the duration of Tomas's life.Virgil has given Tomas​ 

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

Question 55

Fact Pattern 37-1Virgil owns a ranch in Wyoming. His ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if he chooses.
Refer to Fact Pattern 37-1.Virgil's ownership interest is​ 

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

Franz owns GuestHouse 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.Franz's ownership interest is​ 

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

Question 58

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 59

With respect to Italo's bottomland,Jacob has an easement,Kristin has a profit,and Leopold has a license.A right to possess the bottomland is owned by​ 

A) ​Italo. 
B) ​Jacob. 
C) ​Kristin. 
D) ​Leopold.

Question 60

Wilson has an easement that allows him to drive across Dave's land to get to Wilson's house.Janet has a license to fish in Dave's lake whenever she wants.A nonpossessory interest in Dave's property is held by​ 

A) ​Wilson only. 
B) ​Wilson and Janet. 
C) ​Janet only. 
D) ​none of the choices.

Question 61

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 contract?  If so,on what basis? If not,why not?​

Question 62

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) ​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 63

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 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

Bill tells Ray that he can swim in Bill's lake whenever he wants.Ray swims Bill's lake several times over the course of five years.Bill then decides that he does not want Ray to swim in the lake anymore.Bill​ 

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

Question 66

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 67

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 68

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 69

Verna sells her farm to Wilfred.The title is transferred by deed.Verna is​ 

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

Question 70

Hank,the owner of Idle Farm,sells Jessie a right to camp on Idle land overnight.Jessie's right is 

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

Question 71

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 72

To acquire the ownership of a mountain cabin by adverse 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.