Deck 22: Real Property and Land-Use Control

Question 1

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

Answer 1

True

Question 2

In most states,the seller of a new house warrants that it is fit for habitation.

Answer 2

True

Question 3

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.

Answer 3

False

Question 4

Land includes all of the waters on or under its surface.

Question 5

Adverse possession is a means of obtaining title to property without the delivery of a deed.

Question 6

A fixed-term tenancy terminates at the end of the specified period without notice.

Question 7

A fixed-term tenancy is created when a lease does not specify its duration.

Question 8

An item cannot be a fixture unless it is physically attached to the land.

Question 9

A warranty deed provides the most protection against defects of title.

Question 10

An easement can be created by implication.

Question 11

Land includes the artificial structures attached to it.

Question 12

For a party to take by adverse possession,the party's possession must not be hostile to the true owner's rights.

Question 13

A quitclaim deed warrants more than any other deed.

Question 14

A contract for the sale of commercial realty should indicate what items are included in the sale.

Question 15

Plant life is not considered to be real property.

Question 16

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

Question 17

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

Question 18

Life tenants are persons who share ownership rights simultaneously.

Question 19

Eminent domain is the right of an owner in fee simple absolute to use his or her property in whatever way he or she wishes.

Question 20

A profit is a right to make a profit from some part of land or some product of the land,and the right terminates once that profit is made.

Question 21

There are no exceptions to zoning laws.

Question 22

The implied warranty of habitability does not apply to substantial physical defects that a landlord knows about.

Question 23

A tenant is not responsible for any damage to leased premises.

Question 24

Generally,contract doctrines apply to a landlord-tenant relationship.

Question 25

When a landlord sells leased premises to a third party,any existing leases terminate.

Question 26

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

Question 27

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 28

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 29

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 farthest reaches of the atmosphere.

Question 30

Luke owns a farm near Marshalltown,Iowa,with stands of trees serving as windbreaks.Luke grows corn on the property.When Luke sells the farm to Nina,if the contract does not specify otherwise,the sale includes

A)neither the crops nor the trees.
B)the crops and the trees.
C)the crops only.
D)the trees only.

Question 31

Zoning laws encourage sustainable and organized development.

Question 32

Under the covenant of quiet enjoyment,a landlord promises that a tenant will not be disturbed in the possession of the premises.

Question 33

A tenant has a duty to maintain in a reasonably safe condition those areas under his or her control.

Question 34

Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord.

Question 35

A landlord is usually required to give some period of notice to terminate a periodic tenancy.

Question 36

Land assigned by zoning laws for business activities is designated as being for commercial use.

Question 37

A tenant is not responsible for the ordinary wear and tear of leased premises.

Question 38

Kailin owns a farm near Manhattan,Kansas,with a farmhouse,barn,and other structures permanently attached.Kailin grows soybeans on the property.A pond lies within the boundaries.Land includes

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

Question 39

A lease is enforceable even if the premises are intended to be used for an illegal purpose.

Question 40

A fixed-term tenancy terminates automatically when its terms ends.

Question 41

Sunny City wants to acquire undeveloped land within the city limits to convert into a public park.Sunny City brings a judicial proceeding to obtain title to the land.This is an exercise of

A)eminent domain.
B)a constructive eviction.
C)a restrictive covenant.
D)zoning power.

Question 42

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,including extracting silver from an existing mine,for life.Patsy also has the right to lease the land for a period not to exceed her life.Patsy's ownership interest is

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

Question 43

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 tenancy at sufferance.

Question 44

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

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

Question 45

Refer to Fact Pattern 22-1.Nika deeds some of her land to Polly.The deed states,"To Polly,for life,then to Quay." Nika has given Polly

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

Question 46

Tyro has the right to drive across Ula's land,which is next to Tyro's property,to reach an access road.Tyro's right is

A)an easement appurtenant.
B)an easement in gross.
C)a profit appurtenant.
D)a profit in gross.

Question 47

Refer to Fact Pattern 22-1.Nika's ownership interest is

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

Question 48

Elsa,the owner of Fertile Farm,sells Gina a right to camp on Fertile land overnight.Gina's right is

A)a leasehold estate.
B)a license.
C)an easement.
D)a profit.

Question 49

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.

Question 50

Orin owns Pilot's Landing Office Park.His ownership rights include the right to sell or give away the property without restriction,as well as the right to commit waste,if she chooses.Orin's ownership interest is

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

Question 51

Rural Holding Company (RHC)possesses farmland.RHC has the right to use the property,including harvesting the crops,for ten years.RHC does not have the right to extract the coal under the land.This is

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

Question 52

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 53

Refer to Fact Pattern 22-1.Nika conveys some of her land to Reggie with the right to possess and use the property for a certain period of time.Nika has given Reggie

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

Question 54

With respect to Egor's land,Fig has an easement,Gabe has a profit,and Huck has a license.A right to possess the land is owned by

A)Egor,Fig,and Gabe only.
B)Egor and Gabe only.
C)Egor only.
D)Fig,Gabe,and Huck only.

Question 55

Cow Country Corporation (CCC)sells half of its land to the Double R Ranch.On the land is a reservoir.In the deed,CCC retains the right to remove a limited amount of water per day from the reservoir.This right is

A)a leasehold estate.
B)a license.
C)an easement.
D)a profit.

Question 56

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 leasehold estate.
B)a license.
C)an easement.
D)a profit.

Question 57

Opal conveys three acres of wetlands to Pristine Places,Inc.,with a deed that warrants only that Opal held good title during her 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 58

Consumer Shops,Inc.,signs a lease for a storefront owned by Downtown Building Company.Unlike a purchaser of real property,Consumer Shops

A)acquires only temporary possession of the premises.
B)enjoys exclusive possession of the premises.
C)holds only temporary title to the premises.
D)retains temporary,exclusive possession and title to the premises.

Question 59

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 leasehold estate.
B)a license.
C)an easement.
D)a profit.

Question 60

Moby leases from National Theater Corporation a theater in which to stage a series of concerts.Ollie buys a ticket to the series.What distinguishes Moby,a tenant,from Ollie,a licensee,is

A)the exclusivity of possession.
B)the quiet enjoyment of rights.
C)the temporary nature of possession.
D)the title to the property.

Question 61

Oak Grove Residences,Inc.,owns apartment buildings.Pedro leases one of Oak Grove's apartments.Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is

A)an assignment.
B)an eviction.
C)a right of entry.
D)a sublease.

Question 62

Xavier owns a duplex that he leases to Yvon and Zack.Xavier may sell

A)the duplex at any time.
B)the duplex,but only after the lease expires and the tenants move out.
C)the duplex,but only with the tenants' permission.
D)the lease,but not the duplex.

Question 63

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term,rent payable annually.The lease includes a clause stating that Burgertown is responsible for making all necessary repairs,including rebuilding the structure after its destruction by any cause beyond Andy's control.The lease does not include a clause concerning its assignment.One day after the tenth rental payment,Burgertown,without Andy's knowledge or consent,assigns its interest in the lease to Chicken Hut Restaurants,Inc.Meanwhile,Andy dies and Dotty inherits Andy's interest in the building.Without the knowledge or consent of either Burgertown or Chicken Hut,Dotty sells the building to Earnest Investments,Inc.The next month,the building is destroyed in the flood of a nearby river.Burgertown rebuilds it and files a suit against Earnest for the expense.Earnest responds that the lease has terminated.Is Earnest correct If so,when did the lease terminate If not,is Earnest liable for the cost of rebuilding the structure Why or why not

Question 64

Dora leases a house from Evan for a two-year term.To ensure the validity of their lease,it should include

A)a description of the premises.
B)a due date for the payment of the property taxes.
C)a requirement that Dora perform structural repairs to the house.
D)a requirement that Evan carry liability insurance.

Question 65

Property Management Corporation (PMC)owns several apartment buildings in two states.Regarding standards for maintenance of the buildings,PMC should consult

A)the applicable city ordinances and state statutes.
B)the previous owners.
C)the long-term tenants.
D)the Uniform Landlords' Maintenance Manual.

Question 66

Jai owns an orchard behind Key's house and property.The only access to the orchard is Key's driveway,which Jai uses to get to her orchard.Jai sells the orchard to Laurentz.Can Laurentz use the right-of-way across Key's property

Question 67

Sid rents an apartment from Town Properties,Inc.The lease,which ends on May 31,does not include an option for renewal,and Sid and Town do not discuss whether Sid can stay on at the end of the term.On June 1,Sid has

A)an implied option to renew the term.
B)a right to remain contingent on notice from Town.
C)a right to remain subject to notice to Town.
D)no right to remain.

Question 68

Kasper,the owner of Lakeview Farm,and Milt,the tenant of the farmhouse on the property,may create a tenancy for years by

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

Question 69

Happy Homes 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)substantially alter the essential character of the property.

Question 70

Rafe signs a one-year lease with Suki to occupy an apartment in Lawrence,Kansas,near the University of Kansas.Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term.Rafe's tenancy is

A)a periodic tenancy.
B)a tenancy at will.
C)a tenancy at sufferance.
D)a tenancy for years.

Question 71

Rita believes that Shady Grove Apartments,Inc.,her landlord,has violated the law in a way that entitles her to withhold the rent.This remedy is generally associated with

A)breach of the covenant of quiet enjoyment.
B)breach of the implied warranty of habitability.
C)discrimination.
D)failure to provide security against crimes in com?mon areas.

Question 72

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

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