Deck 22: Real Property and Land-Use Control

Question 1

A sale of real estate is a complicated transaction that involves certain formalities that are not required in a sale of goods.

Answer 1

True

Question 2

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

Answer 2

False

Question 3

Most states recognize a warranty-the implied warranty of habitability-in the sale of new homes.

Answer 3

True

Question 4

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 5

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

Question 6

Community property it is created when a real property owner or lessor agrees to convey the right to possess and use the property to a lessee (tenant) for a certain period of time.

Question 7

The sale of real estate involves a transfer of ownership with no specific warranties-if there are warranties, the transfer is not a sale.

Question 8

The surface of a piece of land and the subsurface may not have different owners.

Question 9

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 10

Persons cannot share ownership rights simultaneously in particular property (including real property and personal property)-one person's interest is always superior.

Question 11

If property is owned as community property, the members of the community hold interest in it in common.

Question 12

A joint tenant cannot transfer his or her rights by sale or gift without the consent of the other joint tenants.

Question 13

Plant life is considered to be real property.

Question 14

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

Question 15

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 16

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

Question 17

In most jurisdictions, a seller has a duty to disclose any known defect that materially affects the value of the property and that a buyer could not reasonably discover.

Question 18

A fixture is an item of personal property attached to real property in a permanent way.

Question 19

A special warranty deed warrants that there were no defects of title when the property was held by the previous owners.

Question 20

A tenancy by the entirety is created by a conveyance of all of a parcel of real property to a single tenant

Question 21

Lucas owns Muddy Flats Ranch in New Mexico.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 farthest reaches of the atmosphere.

Question 22

Eminent domain is the condemnation power of government to take land for public use.

Question 23

Jessie owns a single-family home.With respect to this structure, most likely to meet the definition of a fixture is

A)the furniture in the bedrooms, dining room, and great room.
B)the SUV parked in front of the house.
C)the RV parked on a concrete pad next to the driveway.
D)the plumbing in the kitchen and bathrooms.

Question 24

Most states allow the use of the power of eminent domain for urban redevelopment projects that benefit private developers.

Question 25

Zoning restrictions are absolute.

Question 26

Like a contract, a deed must be supported by legally sufficient consideration.

Question 27

A recording statute allows deeds to be recorded to give notice to the public.

Question 28

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

Question 29

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

Question 30

The U.S.government has an ultimate ownership right in all of the land within its borders.

Question 31

When a property owner wants to use his or her land in a manner not permitted by zoning rules, he or she should request a special-use permit.

Question 32

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

Question 33

Huong owns a farm in Idaha, 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 34

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

Question 35

One of the public-policy reasons for the adverse possession doctrine is ensuring that real property remains in the stream of commerce.

Question 36

Municipalities generally divide their land into districts according to the land's present and potential future uses.

Question 37

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 38

Buck owns five acres of land in California.On the land Buck has a house and a toolshed.There are ten large maple trees around the house.The real property includes

A)the land only.
B)the land and the house only.
C)the land, the house, and the toolshed, but not the trees.
D)the land, the house, the toolshed, and the trees.

Question 39

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

Question 40

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

Question 41

Fact Pattern 22-1
Virgil 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 22-1.Virgil conveys some of his land to Tomas with the right to possess and use the property for a certain period of time.Virgil has given Tomas

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

Question 42

LaDonna signs a one-year lease with Mae to occupy an apartment near the University of Iowa.LaDonna needs the apartment for two semesters only and may have to sublet it for the rest of the term.LaDonna's tenancy is

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

Question 43

Rosalie leases from Sports Arena Corporation a venue in which to stage a series of concerts.Tammy buys a ticket to the series.What distin-guishes Rosalie, a tenant, from Tammy, a licensee, is

A)the exclusivity of possession.
B)nothing-a tenant and a licensee are indistinguishable.
C)the temporary nature of possession.
D)the title to the property.

Question 44

Aron and Breezy own a house in Chicago as joint tenants.Aron sells his ownership rights in the house to Dillon.Breezy and Dillon own the condo as

A)community property owners.
B)joint tenants.
C)owners in fee simple absolute.
D)tenants in common.

Question 45

Lloyd and Merilyn 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 Merilyn own the farm as

A)community property owners.
B)joint tenants.
C)tenants by the entirety.
D)tenants in common.

Question 46

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 47

Kenneth has a periodic tenancy that requires him to pay rent weekly.Kenneth wishes to terminate his tenancy.Under the common law, he must give his landlord notice of at least

A)one week.
B)two weeks.
C)thirty days.
D)sixty days.

Question 48

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 tenancy at will.
B)a license.
C)an easement.
D)a profit.

Question 49

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 lim-ited amount of water per day from the res-ervoir.This right is

A)a tenancy at sufferance.
B)a license.
C)an easement.
D)a profit.

Question 50

Alf rents an apartment.The lease does not specify how long it will last, but it does specify that Alf must pay rent every month.Alf's tenancy is

A)a fixed-term tenancy.
B)a periodic tenancy.
C)a tenancy at will.
D)not a tenancy.

Question 51

Region Construction Company has a right to drive its trucks across Staple Business, Inc.'s property, which is adjacent to Region's office.This right is

A)a license.
B)an easement.
C)a profit.
D)the power of eminent domain.

Question 52

Becca and Candy own 1,000 shares of stock in Dockside Dining Restaurant Corporation.On the death of ether owner, that owner's interest in the stock passes to the surviving owner.This is

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

Question 53

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 54

Mix-It Concrete Company has the right to enter Nim's land and remove the rock from Nim's quarry.This is

A)the power of eminent domain.
B)a license.
C)an easement.
D)a profit.

Question 55

Heavy Equipment Inc.stores its tractors, graders, trucks, and dozers in buildings surrounded by a fence on land that the company owns.Thefence and the wall of one of the buildings leans onto adjacent land that Indigo County Airport owns.Most likely, this violates the airspace rights of

A)Heavy Equipment.
B)Indigo County.
C)individuals who seed cloudsand produce rainaritficially.
D)commercial and private planes that fly over the property.

Question 56

Uri and Veda each own one-half of Wind Power, an alternative energy products company, as a tenant in common.Uri sells his interest to Xavier, who now owns

A)no interest in the firm.
B)the firm in fee simple.
C)the firm with Veda as joint tenants.
D)the firm with Veda as tenants in common.

Question 57

Kristen signs a one-year lease with Lamont to occupy an apartment in Minneapolis near the University of Minnesota.Kristen's tenancy is

A)a periodic tenancy.
B)a tenancy at will.
C)a tenancy by the entirety.
D)a fixed-terms tenancy.

Question 58

Sterling, the owner of Timberline Mountain, and Uma, the tenant of the sole cabin on the property, may create a fixed-term tenancy by

A)deed.
B)express contract.
C)implication.
D)sufferance.

Question 59

Fact Pattern 22-1
Virgil 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 22-1.Virgil's ownership interest is

A)a free simple absolute.
B)a leasehold estate.
C)a life estate.
D)a profit.

Question 60

Dian and Elton buy a duplex in Fargo, North Dakota.On the death of either owner, that owner's interest in the duplex passes to his or her heirs.This is

A)a joint tenancy.
B)a life estate.
C)a tenancy in common.
D)ownership in fee simple absolute.

Question 61

Bliss County Zoning Commission demands that Commercial Development, Inc., the private developer of Discount Stores, allocate space for parking and take other measures to manage traffic.This is

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

Question 62

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 and pay the owner just compensation.This is an exercise of

A)eminent domain.
B)constructive eviction.
C)inverse condemnation.
D)zoning power.

Question 63

Geof sells his Hawt Dawgs Lunch Counter Cafe to Ilene.The title is transferred by deed.Ilene is the

A)co-owner in fee simple.
B)grantee.
C)grantor.
D)licensee.

Question 64

Quik Development Corporation wants to convert farmland on the out-skirts of River City into residential and commercial property.The state restricts the conversion of farmland by subjecting development plans to the approval of State Development Agency.This is an exercise of the state's

A)police power.
B)power of eminent domain.
C)restrictive covenant.
D)zoning power.

Question 65

Emmett, the owner of Fallow Fields Farm, sells Greta a right to camp on Fallow land overnight.Greta's right is

A)a fixed-term tenancy.
B)a license.
C)an easement.
D)a profit.

Question 66

Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that warrants only that Marco held good title during his ownership of the property.This deed is

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

Question 67

To acquire the ownership of Bart's 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 Bart files a suit.
C)without Bart's knowledge.
D)with the state's permission.

Question 68

Bucolic Homes, Inc., develops a thirty-lot suburban subdivision.Bucolic wants to restrict construction on each parcel to a single-family home.Bucolic includes a declaration of this restriction on the development's map.which is filed in the appropriate public office.There is a reference to the map on each deed.This is

A)a restrictive covenant.
B)eminent domain.
C)a taking.
D)a zoning variance.

Question 69

The zoning board of Urban City issues a permit that allows an exemption to zoning regulations for property that Nature's Plenty Food Company owns as long as Nature's Plentycomplies with specific requirements to ensure that the use does not affect thecharacteristics of the area.This is

A)a zoning variance.
B)a special-use permit.
C)a restrictive covenant.
D)a taking.

Question 70

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 71

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

Question 72

Valley View Construction Corporation wants to obtain a zoning variance for a part of its property.The variance must 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.