Question 1

Ouster is the constructive eviction of a lawful tenant.

Accepted Answer

Ouster is defined as the act of expelling or excluding a lawful tenant from their property, which constitutes constructive eviction. Therefore, the statement is true.

Question 2

A partition is a method of dividing real property.

Accepted Answer

A partition is a legal process of dividing real property between co-owners or tenants in common, usually by physical division of the property or sale of the property and distribution of the proceeds.

Question 3

The Statute of Frauds requires all types of contracts to be in writing to be enforceable.

Accepted Answer

The Statute of Frauds requires certain types of contracts to be in writing to be enforceable, not all types of contracts. For example, contracts for the sale of goods over $500 and contracts for the transfer of real property must be in writing. However, some contracts, such as contracts for services, can be oral and still enforceable.

Question 4

Failure to warn a licensee of known defects may result in liability for the landowner.

Accepted Answer

Landowners have a duty to warn licensees (such as social guests) of known defects on the property that could harm them. Failure to do so may result in liability for any injuries the licensee sustains as a result of the defect.

Question 5

Buyers typically demand a quitclaim deed when they purchase property.

Accepted Answer

The answer of Buyers typically demand a quitclaim deed when...

Question 6

Washington State has a law that requires every county and city to develop a comprehensive plan and development regulations in most of the state.

Accepted Answer

This is true. Washington State's Growth Management Act (GMA) requires every county and city to create a comprehensive plan and development regulations, with the goal of promoting urban growth while also protecting natural resources and preserving rural areas.

Question 7

Residential leases typically last for longer periods of time than commercial leases.

Accepted Answer

Commercial leases typically last for longer periods of time than residential leases. Commercial leases can last anywhere from five to ten years, while residential leases are often one year or less.

Question 8

Tenancy in common describes an ownership interest in which all owners have an undivided interest in the property and a devisable interest.

Accepted Answer

In a tenancy in common, each owner has an undivided interest in the property and their interest can be inherited or sold to another party.

Question 9

Reversion interest is a future interest in personal property.

Accepted Answer

Reversion interest refers to a future interest in real property, not personal property, that reverts back to the original owner or the owner's estate after a temporary interest has expired.

Question 10

A landowner has a duty not to intentionally injure a trespasser.

Accepted Answer

A landowner has a duty not to intentionally injure a trespasser, but they do not necessarily have a duty to provide care or warning to trespassers. However, if the trespasser is a child, the landowner may have a duty to take reasonable precautions to prevent harm.

Question 11

Mineral rights are rights to the substances beneath the actual surface of the land.

Accepted Answer

Mineral rights refer to the right to extract or mine minerals, oil, and gas from the subsurface of a property. These rights can be sold or leased independently from the surface rights of the land.

Question 12

Water rights are granted differently,depending on whether the property is in the western or the eastern United States.

Accepted Answer

Water laws and rights differ based on whether land is located in the western or eastern United States, with western states typically following a system of prior appropriation, while eastern states typically follow the riparian doctrine.

Question 13

Anyone who arrives at the invitation of an owner is an invitee.

Accepted Answer

This is true by legal definition. An invitee is someone who is invited or encouraged to enter a property by the owner or occupier. They are entitled to a certain level of care and protection, and the owner or occupier is responsible for providing it.

Question 14

To be successful under the doctrine of adverse possession,the possession must be continuous.

Accepted Answer

The doctrine of adverse possession requires uninterrupted and continuous possession of the property in question for a certain period of time in order to establish legal ownership.

Question 15

Leases generally must be in writing to be enforceable against the defendant.

Accepted Answer

Leases are generally required to be in writing to be enforceable against the defendant. There are some exceptions to this rule, such as oral agreements for leases that are shorter than one year, but in general, leases should be written and signed by both parties to ensure enforceability.

Question 16

Government entities are prohibited from engaging in land use planning.

Accepted Answer

Government entities are not prohibited from engaging in land use planning. In fact, it is often a key responsibility of local governments to create and enforce land use regulations and plans.

Question 17

The prior appropriation doctrine grants the property owner adjacent to a water source rights to use the water.

Accepted Answer

The prior appropriation doctrine allocates water rights based on a priority system, where the first person to use a significant amount of water from a water source for a beneficial use has the right to continue to use that amount of water for that purpose, regardless of whether they own land adjacent to the water source.

Question 18

Any ownership interest in real property may be leased.

Accepted Answer

Any ownership interest in real property, including fee simple or a lesser estate, such as a leasehold interest, may be leased to another party.

Question 19

A bona fide purchaser is a purchaser who takes title in good faith,with no knowledge of competing claims to title.

Accepted Answer

A bona fide purchaser is defined as someone who takes title in good faith, without knowledge of any competing claims to the title. This means that they are considered a legitimate and lawful owner of the property, and any claims against the title by another party would not be valid.

Question 20

A covenant is an involuntary restriction on the use of land.

Accepted Answer

A covenant is a voluntary agreement between property owners that restricts or governs the use of land. It is a private agreement rather than a legally enforceable restriction placed by a government entity.

Quiz 8: The Property System