Deck 24: Real Property and Environmental Law

Question 1

Plant life is not considered to be real property.

Answer 1

False

Question 2

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

Answer 2

True

Question 3

Under the power of eminent domain, the government may take private property only for private use, not for public benefit.

Answer 3

False

Question 4

An easement arises when the owner of one piece of land occupies the real property of a neighbor and eventually acquires title to it.

Question 5

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

Question 6

The implied warranty of habitability does not apply to substantial physical defects that a landlord has had a reasonable time to repair.

Question 7

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

Question 8

An easement can be created by prescription.

Question 9

A tenant is responsible for all damage to leased premises.

Question 10

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

Question 11

A lease is enforceable even if the premises are intended for an ille?gal purpose.

Question 12

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

Question 13

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

Question 14

An item can not be a fixture if it is physically attached to the land.

Question 15

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

Question 16

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

Question 17

For a party to take by adverse possession, the party's possession must not be open or visible.

Question 18

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Question 19

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

Question 20

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

Question 21

Jacob owns five acres of land in northern California. 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 22

Generally, a tenant must pay agreed-to rent even if the tenant moves out.

Question 23

The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.

Question 24

Any point source emitting pollutants into water must have a permit.

Question 25

The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.

Question 26

The primary responsibility for preventing and controlling air pollution rests with the federal government.

Question 27

Those who knowingly violate the Clean Air Act are exempt from criminal penalties.

Question 28

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 29

Marshall owns a piece of land, but James owns the mineral rights to Marshall's land. James wishes to sell the mineral rights. James

A) cannot sell the mineral rights.
B) can only sell the mineral rights if Marshall agrees.
C) must give Marshall 30 percent of the proceeds of the sale of the mineral rights.
D) can sell the mineral rights without consulting Marshall.

Question 30

There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.

Question 31

An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

Question 32

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

Question 33

Jack owns the surface rights for Rocky Ridge Ranch, but does not own the subsurface rights. Ginny owns the subsurface rights. Rocky Ridge Ranch has a historic barn, which is damaged when Ginny is excavating minerals from the ranch. Who is most likely responsible for the damage to the barn?

A) Ginny only
B) Jack only
C) Ginny and Jack
D) no one

Question 34

The Environmental Protection Agency sets minimum levels for pollut?ants in public water systems.

Question 35

The Environmental Protection lists all hazardous air pollutants (HAPs) on a prioritized schedule.

Question 36

Performance standards for major sources of air pollution require the use of the any available technology, or AAT.

Question 37

Special requirements must be met to discharge toxic chemicals into surface waters.

Question 38

Different standards for air quality apply to existing sources of pollution and major new sources.

Question 39

The Environmental Protection Agency periodically updates the air pollution standards.

Question 40

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 41

Silas sells his farm to Kathy. The title is transferred by deed. Kathy is the

A) grantee.
B) grantor.
C) tenant.
D) adverse possessor.

Question 42

NuTown Construction, Inc., wants to build a parking ramp to connect to its NuTown Mall, both of which are on private land. For this action, an environmental impact statement is

A) prohibited.
B) required.
C) unnecessary.
D) voluntary.

Question 43

Sid rents an apartment from Town Properties, Inc. The lease, which ends on May 31, does not include an option for re?newal, 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 44

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) eminent domain.
B) a license.
C) an easement.
D) a profit.

Question 45

Fact Pattern 24-1 (Questions 8-10 apply)
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
Refer to Fact Pattern 24-1. Nika's ownership interest is

A) a fee simple absolute.
B) a fixed-term tenancy.
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 prop?erty, to reach an access road. Tyro's right is

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

Question 47

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the build?ings, 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 48

Refer to Fact Pattern 24-1. 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 fixed-term tenancy.
C) a life estate.
D) an easement.

Question 49

To acquire the ownership of a mountain cabin by ad?verse 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

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

A) at least one week's notice.
B) at least two weeks' notice.
C) at least thirty days' notice.
D) at least sixty days' notice.

Question 51

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 has

A) a fixed-term tenancy.
B) a periodic tenancy.
C) a tenancy at will.
D) no tenancy.

Question 52

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

A) a description of the property.
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 53

The operations of Metal Refining Industries, Inc., are major sources of air pollu?tion. These operations must use

A) the absolutely cleanest air technology.
B) the best available filter technology.
C) the maximum achievable control technology.
D) the most affordable scrubbing technology.

Question 54

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 55

Refer to Fact Pattern 24-1. 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 fixed-term tenancy.
C) a life estate.
D) an easement.

Question 56

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.
B) Fig.
C) Gabe.
D) Huck.

Question 57

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 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 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) condemnation power.

Question 59

Rural Electric Company submits a bid to build a dam on federal land as part of a federal project. For this action, an environmental impact state?ment is most likely

A) prohibited.
B) required.
C) unnecessary.
D) voluntary.

Question 60

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

A) prohibited.
B) required.
C) unnecessary.
D) voluntary.

Question 61

Odiferous Waste Company is a subsidiary of Precarious Investments, Inc. Odiferous op?erates a hazardous waste disposal site. QuikChem Corporation is one of many parties who generate waste disposed of at the site. Odiferous borrows money from Regal Bank, which takes over the site when Odiferous goes bankrupt. The Environmental Protection Agency discov?ers a leak at the site. Can any of these private parties be forced to pay for the clean up? If so, who?

Question 62

A barge owned by Oceanic Shipping Company discharges some of the oil contained in its hold into the sea and onto the shore. Under the Oil Pollution Act, this is most likely

A) a violation.
B) not a violation because an oil discharge is not pollution.
C) not a violation because a floating barge is not a stationary source.
D) not a violation because a ship's hold is not a point source.

Question 63

Remote Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, Remote sells the property to Serene Developers, Inc. If there is a release, Remote is most likely

A) liable.
B) not liable because the site was sold before the release.
C) not liable because Remote was concerned about the release.
D) not liable because Remote no longer operates the facility.

Question 64

Metal Smelting, Inc., operates a plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

A) a violation.
B) not a violation because a "major source" is exempt.
C) not a violation because the plant does not use any equipment.
D) not a violation because the plant is not a mobile source.

Question 65

Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure. This substance must be

A) disposed of before anyone develops cancer.
B) registered before it is sold.
C) taken off the market and placed in temporary storage.
D) used only in a way that avoids exposure to people.

Question 66

Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely

A) a violation.
B) not a violation because a permit is not needed to fill wetlands.
C) not a violation because the area was filled before construction.
D) not a violation because there was no discharge of pollution.

Question 67

Green River Energy Corporation wants to begin operations that include the discharge of waste into navi?gable waters. Under the Clean Water Act, Green River must install certain equipment

A) after beginning operations.
B) before beginning operations.
C) during operations.
D) only if a regulatory agency challenges the discharge.

Question 68

Vending Products Company operates a vending machine manufacturing plant on Wandering River. Discharging pollutants from the plant into the river can re?sult in

A) civil penalties and criminal penalties.
B) civil penalties only.
C) criminal penalties only.
D) no penalties.

Question 69

Andy leases to Burgertown Franchise Corporation a 10,000 square-foot building under a written lease with a twenty-year term, rent payable an?nually. The lease includes a clause stating that Burgertown is re?sponsi?ble 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, as?signs its interest in the lease to Chicken Hut Restaurants, Inc. Mean?while, 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 termi?nate? If not, is Earnest liable for the cost of re?building the structure? Why or why not?

Question 70

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

A) a violation.
B) not a violation because Metro does not set the standards.
C) not a violation because water is not a stationary source.
D) not a violation because Metro does not use any equipment.

Question 71

Fried Food, Inc., operates a commercial frying plant, discharging pol?lut?ants into the air. Greg reports the violations to the Environmental Protection Agency. Greg

A) is not entitled to a payment.
B) may be paid up to any amount.
C) may be paid up to $1,000.
D) may be paid up to $10,000.

Question 72

Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely

A) a violation.
B) not a violation because the company does not have a permit.
C) not a violation because water is not a stationary source.
D) not a violation because a storm drainage pipe is not a point source.