Question 1

Melissa's home is located in small and quiet neighborhood that has been declared a residential area by the local zoning ordinances.She wants to convert her patio into a small bakery for her neighbors who have often expressed their admiration for her baking skills.Does Melissa have any solution?

Accepted Answer

A person seeking a variance usually claims that the ordinance works an undue hardship on her by denying her the opportunity to make reasonable use of her land.Examples of typical variance requests include a property owner's seeking permission to make a commercial use of her property even though it is located in an area zoned for residential purposes,or permission to deviate from normal setback or building size requirements.

Question 2

In Francini v.Goodspeed Airport,LLC,the case in the text,the appellate court held that the easement by necessity includes access to utilities for landlocked properties because:

Accepted Answer

The court held that because electricity is essential to daily life and is reasonably required to make effective use of property,the easement by necessity includes not only physical access to landlocked property,but also access to utilities for properties landlocked from utilities.

Question 3

Tenants in common may sever the cotenancy by petitioning a court for a ________,which allows the court to physically divide the property-but if that is not feasible,courts will order that the property be sold and the proceeds be appropriately divided.

Accepted Answer

Tenants in common may sever the cotenancy by agreeing to divide the property or,if they are unable to agree,by petitioning a court for partition.The court will physically divide the property if that is feasible,so that each tenant receives her proportionate share.If physical division is not feasible,the court will order that the property be sold and that the proceeds be appropriately divided.

Question 4

In Mogilevsky v.Rubicon Technology,Inc. ,the case in the text,the court upheld the jury's verdict that:

Accepted Answer

The court held that the jury was entitled to determine that the system was a removable trade fixture,and that Rubicon was not liable for conversion.

Question 5

Eminent domain:

Accepted Answer

The power of eminent domain makes it possible for the government to acquire private property for highways,water control projects,municipal and civic centers,public housing,urban renewal,and other public uses.Governmental units may also delegate their eminent domain power to private corporations such as railroads and utility companies.

Question 6

As discussed in the case in the text,Wykeham Rise,LLC v.Federer,a restrictive covenant is ________ when it involves the use,value or character of the land,rather than being merely a personal obligation of one of the original parties.

Accepted Answer

A restrictive covenant must "touch and concern" the restricted land.This means that the covenant must involve the use,value,or character of the land,rather than being merely a personal obligation of one of the original parties.The legal jargon for the latter is that such restrictive covenants are "in gross."

Question 7

Which of the following statements about condominium ownership is true?

Accepted Answer

For federal income tax purposes,the condominium owner is treated as if she owned a single-family home and is thus allowed to deduct her property taxes and mortgage interest expenses.

Question 8

Which of the following statements about trade fixtures is false?

Accepted Answer

The concept of trade fixtures recognizes that the commercial tenant who affixed the item of personal property did not intend a permanent improvement of the leased premises.

Question 9

________ are held by persons who lease real property.

Accepted Answer

Nonfreehold (or leasehold)estates are those held by persons who lease real property.

Question 10

Nancy,aged 70,has a vacant plot adjacent to her house that she intends to bequeath to her grandson Roy upon her death.However,an important railroad project is being undertaken nearby and the local authorities have informed Nancy that the new railroad will cover her vacant lot.They have also promised her fair compensation in return.Can the government take her property?

Accepted Answer

The power of eminent domain allows the government to acquire private property by giving "just compensation."

Question 11

Marcus executes a deed to the family farm and leaves it in his safe-deposit box for delivery to Beth when he dies.Marcus has died.Which of the following statements is true?

Accepted Answer

For a gift of real property to be valid,the donor must deliver a properly executed deed to the donee or to some third person who is to hold it for the donee.

Question 12

________ are ownership interests of uncertain duration.

Accepted Answer

Freehold estates are ownership interests of uncertain duration.The most common types of freehold estates are fee simple absolute and life estates.

Question 13

In the case in the text,Ballard v.Dornic,the court held that:

Accepted Answer

The court concluded that the trial court did not err in rejecting Mr.Ballard's theory that Mr.Dornic limited his right to partition by a voluntary act.

Question 14

Which of the following is the highest form of land ownership?

Accepted Answer

The fee simple absolute is what we normally think of as "full ownership" of land.One who owns real property in fee simple absolute has the right to possess and use the property for an unlimited period of time,subject only to governmental regulations or private restrictions.

Question 15

Which of the following statements about easements and the statute of frauds is false?

Accepted Answer

Easements not granted expressly (such as easements by prior use,necessity,or prescription)are enforceable despite the lack of a writing.

Question 16

Which of the following is an article of personal property that has been annexed to real property leased by a tenant during the term of the lease that is necessary to the carrying on of a business?

Accepted Answer

Trade fixtures are articles of personal property that have been annexed to real property leased by a tenant during the term of the lease and that are necessary to the carrying on of a trade.

Question 17

Which of the following types of easements is primarily designed to benefit a certain tract of land,rather than merely giving an individual a personal right?

Accepted Answer

If an easement qualifies as an easement appurtenant,it will pass with the land.This means that if the owner of the land benefited by an easement appurtenant sells or otherwise conveys the property,the new owner also acquires the right contemplated by the easement.An easement appurtenant is primarily designed to benefit a certain tract of land,rather than merely giving an individual a personal right.

Question 18

Sally has been running a small but popular dance studio in her neighborhood for the last 15 years.Recently,a zoning ordinance mandated her neighborhood as strictly residential where no commercial activities are allowed.What is Sally's best approach to continue running her studio if she is asked to close it?

Accepted Answer

A zoning ordinance has prospective effect.This means that the uses and buildings already existing when the ordinance is passed (nonconforming uses)are permitted to continue.

Question 19

Which of the following is true of zoning ordinances?

Accepted Answer

Zoning ordinances,which regulate real property use,stem from the exercise of the police power.Normally,zoning ordinances divide a city or town into various districts and specify or limit the uses to which property in those districts may be put.

Question 20

Which of the following statements about a life estate is false?

Accepted Answer

Although a life tenant has the right to use the property,he is obligated not to commit acts that would result in permanent injury to the property.

Quiz 24: Real Property