Question 1

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest

Accepted Answer

When Kristen dies, her lease interest in the mobile home doesn't automatically expire or return to Lamont; instead, it passes to her heirs as part of her personal property. This is because leasehold interests are considered personal property that can be inherited.

Question 2

Veda owns a house. In the house, on a tile floor is a throw rug and a heavy decorative urn. Most likely to meet the definition of a fixture is

Accepted Answer

A fixture is typically defined as property that is permanently attached or affixed to real property. The tile floor is permanently attached to the real property and is therefore considered a fixture. The throw rug and decorative urn are not permanently attached and can be easily removed, thus they are not considered fixtures.

Question 3

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is

Accepted Answer

Rafe signed a lease for a fixed period of one year, indicating a fixed-term tenancy.

Question 4

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is

Accepted Answer

This arrangement is a joint tenancy because the ownership interest of each owner automatically passes to the surviving owner upon death. In a tenancy in common, ownership can be passed on to heirs or designated beneficiaries, rather than automatically to the surviving owner. Community property is a property ownership arrangement specific to certain states, and ownership in fee simple refers to owning a property outright, without any co-owners.

Question 5

Logging Corporation has a right to go onto Mountain Timber Company's land and harvest select trees. Logging's right is

Accepted Answer

A profit is the correct term for the right to enter someone else's land and take away some part of the land itself or some product of the land. In this case, Logging Corporation's right to harvest select trees from Mountain Timber Company's land is specifically referred to as a profit.

Question 6

Frank tells Giselle that she can camp on Frank's beach and swim in his lake whenever she wants. With respect to the right to camp and swim,

Accepted Answer

Frank has granted Giselle a license to camp and swim on his property, which can be revoked at any time. This means that Giselle does not have a permanent right to use Frank's property, and the permission can be withdrawn by Frank at any point in the future. Therefore, option A is the correct choice. Options B and C are incorrect because a license cannot be transferred or inherited, and option D is incorrect because Giselle's right to use the property is not permanent.

Question 7

Beck and Carli are married. Carli purchases a condominium near Downhill Ski Resort. Beck and Carli each technically own an undivided one-half interest in the condo. This is

Accepted Answer

Community property is a form of ownership by spouses during their marriage that they intend to own together. In jurisdictions recognizing community property, any property acquired during the marriage (except for gifts or inheritances) is owned jointly by both spouses and is divided upon divorce, annulment, or death. Given that Beck and Carli are married and Carli purchases a condominium, which they both technically own an undivided one-half interest in, this scenario fits the definition of community property.

Question 8

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is

Accepted Answer

The conveyance of the apartment with a specified period of time in their express contract indicates a fixed-term tenancy. A periodic tenancy involves the payment of rent at regular intervals with no specified end date, a tenancy at will has no fixed terms or duration, and a tenancy at sufferance is when a tenant continues to occupy a property after their lease has expired without the landlord's permission.

Question 9

Ché has an easement that allows him to drive across Dale's land to get to Ché's house. With respect to Dale's land, Ché's right is

Accepted Answer

An easement is a nonpossessory interest in another person's land that entitles the holder to some form of use or enjoyment of the land. Ché has a right to use Dale's land but does not possess it, making his right a nonpossessory interest. Possessory interests refer to ownership or possession of a property or a part of it. Adverse possession refers to the legal concept whereby someone who uses another's land without permission for a certain period may acquire legal title to that land. The power of eminent domain is the right of a government to take private property for public use, but this right does not apply to Ché's situation.

Question 10

Mike owns a beach house in North Carolina in fee simple. This ownership interest is

Accepted Answer

Fee simple ownership is potentially infinite in duration and is the highest level of ownership interest in real property. It provides the owner with the most complete set of ownership rights and privileges possible. Therefore, option A is the correct choice.

Question 11

Richard owns Scholars Apartment House. His ownership rights include the right to sell or give away the property without restriction, as well as to use the property for whatever purpose he sees fit. His ownership interest is

Accepted Answer

The description of Richard's ownership rights, including the ability to sell or give away the property without restriction and use the property as he sees fit, are all characteristic of a fee simple absolute ownership interest.

Question 12

Ghani owns Hillside Vineyard. Ghani conveys some of the land "to Iona for her life." Ghani has given Iona

Accepted Answer

Ghani has conveyed a life estate to Iona, which means that she has the right to possess and use the land for the duration of her life. However, she cannot sell or transfer the land to anyone else and her interest in the land will terminate upon her death.

Question 13

Rosen is the life tenant of five hundred acres of land, on which is situated a previously existing mine. Rosen has the right to

Accepted Answer

As a life tenant, Rosen has the right to use the property and its resources, including extracting minerals from an existing mine. However, Rosen does not have the right to deplete the property's value for future holders by digging new mines.

Question 14

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is

Accepted Answer

The lease is a periodic tenancy because it specifies rent payments at certain intervals but does not specify a fixed term for the lease.

Question 15

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is

Accepted Answer

The ownership described is a tenancy in common, as each owner has a distinct share in the property and can pass that share on to their heirs upon death. Joint tenancy would require the right of survivorship, where the share of the deceased owner automatically passes to the surviving owner(s). Community property also typically requires a right of survivorship and is only recognized in a few states. Ownership in fee simple refers to sole ownership of a property without any restrictions or limitations, which is not the case here as there are multiple owners with distinct shares.

Question 16

Aggie owns Buffalo Ranch. Aggie's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose she sees fit. Aggie's ownership interest is

Accepted Answer

A fee simple absolute is the highest form of ownership interest in real property. It grants the owner the most complete bundle of rights, including the right to sell or give the property away, and the right to use the property for any legal purpose. This is the ownership interest that Aggie holds in Buffalo Ranch. A license is a revocable permission to use someone else's property, a life estate is a limited ownership interest that lasts only for the lifetime of the owner or another specified person, and a profit is a right to enter someone else's property to extract a resource, such as minerals or timber.

Question 17

Italo owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Kessler has a profit. A right to possess the bottomland is owned by

Accepted Answer

Although Jana and Kessler have specific rights to use Italo's land, Italo still maintains the right of possession and ownership of the land itself. Jana's easement and Kessler's profit do not give them ownership of the land.

Question 18

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by

Accepted Answer

A fixed-term tenancy requires a clear and explicit agreement between the landlord and tenant, which is known as an express contract. Implied contracts may create periodic or tenancies at will, but not fixed-term tenancies. Sufferance refers to a type of tenancy that exists when a tenant remains on the property after their lease has expired, which is not a fixed-term tenancy.

Question 19

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely

Accepted Answer

Since there is no provision for renewal or extension in the lease agreement, the possession of the apartment will automatically terminate at the end of the lease term and will return to the landlord, Taylor.

Question 20

Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine

Accepted Answer

Derek has transferred ownership of the timberland to Elaine through a gift, therefore granting her a fee simple absolute, which is the highest form of ownership interest in land. A life estate would give Elaine the right to use and enjoy the timberland only for the duration of her life, not full ownership. The right to adverse possession requires open, notorious, continuous, and hostile possession of land for a certain period of time, which is not applicable in this scenario. The power of eminent domain is the government's right to take private property for public use, which is not relevant to this situation as it is a voluntary transfer between private parties.

Quiz 26: Real Property and Land Use Control