Deck 28: The Nature and Regulation of Real Estate and the Environment

Question 1

The remainderman is the person who becomes the owner when a life estate terminates.

Answer 1

True

Question 2

If Anne holds an easement that allows her to travel over the land owned by Alice,Anne holds an affirmative easement.

Answer 2

True

Question 3

The National Environment Policy Act took effect in 1986.

Answer 3

False

Question 4

A fee simple defeasible estate is one that will come into the owner's possession upon the occurrence of a particular event.

Question 5

A commercial easement in gross is generally non-transferrable whereas a non-commercial easement in gross is.

Question 6

A leasehold estate is one whose termination date is usually known.

Question 7

A variance permit is an exception to the requirements of a zoning ordinance.

Question 8

Tort law considers social guests as invitees as they are invited onto the premises for certain personal purposes.

Question 9

Suppose a transferor would convey land with these words "to Ben for life and then to Jane",it would mean that Ben has a life estate and after Ben's death Jane would also have a life estate.

Question 10

Ross has his house built on the border of a public watercourse in a state that follows riparian rights theory.It can be said that he:

A)is entitled to have the water body maintained in its natural state by other owners.
B)is entitled to use the water for any purpose he may require.
C)is not entitled to use any water without obtaining an approval from a court of law.
D)is entitled to use only as much water as was used by the previous owner of the land.
E)is entitled to divert all the water for his personal and professional use so as long as he is the first one to do so.

Question 11

A widow or widower a right to a percentage often one-third)of the property of the spouse when the spouse dies.This is known as an)_____.

A)attachment
B)lien
C)accession
D)dower
E)conversion

Question 12

The National Environment Policy Act NEPA)does not apply to purely private activities.

Question 13

Kathy had a private well dug in her land that provided water to about 10 people living in the same locality.Its protection would come under the purview of the Safe Drinking Water Act of 1974.

Question 14

According to the current laws of United States,any person or company that generates hazardous waste must dump it in a convenient landfill.

Question 15

Bill purchased a plot of land for which the deed states that the grantor transfers the property "to grantee and his or her heirs".This would have the legal effect of creating an)_____.

A)fee simple absolute
B)leasehold estate
C)accession
D)fixture
E)fee simple defeasible

Question 16

In relation to the rights of the landowners on water in United States,the _____ doctrine permits the benefit to be derived from use of the waterway to be weighed against the gravity of the harm.

A)natural flow
B)reasonable use
C)prior appropriation
D)constructive annexation
E)remainderperson

Question 17

The owner is ordinarily entitled to the fair market value of land condemned under eminent domain.

Question 18

The western states of the U.S.have adopted the riparian rights theory to deal with a land owner's rights to water.

Question 19

An easement is an estate whereas a license is personal to the grantee and is not assignable.

Question 20

In property law,an)_____ is an interest in real property,ranging from absolute dominion and control to bare possession.

A)fixture
B)chattel
C)estate
D)attachment
E)lien

Question 21

Which of the following acts is also known as the Superfund?

A)Toxic Substances Control Act
B)Comprehensive Environment Response,Compensation,and Liability Act
C)Environment Protection Agency
D)Federal Food,Drug,and Cosmetic Act
E)Noise Regulation Act

Question 22

State the various purposes that an environmental impact statement must serve.

Question 23

State the elements of proof that are necessary to make out a case of attractive nuisance as per the Restatement of Torts,Section 339.

Question 24

A property is categorized into 'commercial' and 'residential' units,so that a commercial building cannot be built in a residential neighborhood and vice versa without a change in the ______ ordinances.

A)easement
B)inter vivos
C)zoning
D)restrictive covenant
E)accession

Question 25

Which of the following is true of the Resource Conservation and Recovery Act?

A)The act requires companies to notify the EPA ninety days before manufacturing or importing new chemicals.
B)The act gives the EPA emergency powers to respond to public health or environmental dangers from faulty hazardous waste disposal.
C)The act gives the EPA power to govern the creation,storage,transport,treatment,and disposal of hazardous wastes.
D)The act is designed to restore and maintain the "chemical,physical,and biological integrity" of the country's waters.
E)The act created an effluent permit system known as the National Pollutant Discharge Elimination System.

Question 26

Brad owns a piece of land that falls in the path of a new highway planned by the city.The city took Brad's land to build the highway,and ,in return,gave him a new piece of land about a mile away.The city's power to do so is known as:

A)causa mortis.
B)restrictive covenant.
C)easement appurtenant.
D)dominant tenement.
E)eminent domain.

Question 27

Sharon owns a restaurant in Harrisburg,PA.When the unclean kitchen conditions and food spoilage in the restaurant resulted in cases of food poisoning among customers,Sharon was responsible because they were considered to be _____ on Sharon's land.

A)licensees
B)sureties
C)trespassers
D)invitees
E)tenants

Question 28

An)_____ is an agreement regarding the use of land that "runs with the land".

A)dominant tenement
B)restrictive covenant
C)servient tenement
D)easement appurtenant
E)eminent domain

Question 29

Landowners who innocently purchased property contaminated by hazardous wastes are protected from EPA cleanup requirements by the _____.

A)Superfund Amendment and Reauthorization Act
B)Toxic Substances Control Act
C)Solid Waste Disposal Act
D)Resource Recovery Act
E)Resource Conservation and Recovery Act

Question 30

An)_____ is granted independent of the easement holder's ownership or possession of land.

A)positive easement
B)negative easement
C)easement in gross
D)dominant tenement
E)servient tenement

Question 31

Differentiate between the riparian use doctrine in the eastern states and the prior appropriation doctrine in the western states.

Question 32

John was irritated with the loud music that Ron,his neighbor played each day.In fact,the loud music had affected him to such an extent that he could not sleep for days.However,even after requesting Ron to turn down the volume,he continued to play loud music.Under tort law,Ron's actions could be classified as:

A)nuisance.
B)trespass.
C)zoning.
D)battery.
E)negligence.

Question 33

The _____,enacted in 1899,was the first federal water pollution statute in the United States.

A)Rivers and Harbors Act
B)Clean Water Act
C)Federal Water Pollution Control Act
D)Water Quality Act
E)Water Pollutant Discharge Act