Question 1

Allen owns Buffalo Ranch. Allen'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 he sees fit. Allen's ownership interest is

Accepted Answer

The rights described in the question are indicative of a fee simple absolute ownership interest. This is the highest form of ownership interest in which the owner has complete and unrestricted control over the property.

Question 2

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

This is a tenancy in common because each owner has a separate and distinct interest in the property, and on the death of one owner, that owner's interest passes to her heirs. This is different from a joint tenancy where the interest of the deceased owner would pass to the surviving joint tenant, or from community property where the property is owned equally by both spouses. It is also not ownership in fee simple because there are limitations on how the property can be passed down after the owners' deaths.

Question 3

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

Accepted Answer

A gift of timberland would typically transfer a fee simple absolute, meaning Elaine would have complete ownership and control of the land with no time limitations or restrictions. A life estate would only give Elaine the right to use and enjoy the land for the duration of her life, and the right to adverse possession and power of eminent domain are legal concepts related to ownership of property that do not apply in this situation.

Question 4

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 5

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

Accepted Answer

Ghani conveyed a portion of the land to Iona for her lifetime, which means she has a life estate. A fee simple absolute would give complete ownership of the land, which is not the case here. A license is a temporary permission to use the land, which is not the same as ownership. A profit is a right to take a specific product from the land, such as timber or minerals, which is not relevant here.

Question 6

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

Richard's ownership interest is a fee simple absolute because he has complete and unrestricted ownership rights to the property, including the ability to sell or give away the property and use it for any purpose he chooses.

Question 7

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 has signed a lease for a fixed term of one year. Even though he plans to sublet it for the rest of the term, that does not change the fact that he has a fixed-term tenancy for one year.

Question 8

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

A lease that does not specify a definite end date but requires rent to be paid at regular intervals is a periodic tenancy.

Question 9

Frank tells Gala 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 retains the ability to withdraw or revoke the right he has granted to Gala. This makes it a revocable license rather than an easement or more permanent property right.

Question 10

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

The language "on the death of either owner, that owner's interest in the warehouse passes to the surviving owner" indicates a joint tenancy. In a joint tenancy, the ownership interest of a deceased joint tenant automatically passes to the surviving joint tenant(s).

Question 11

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 12

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

Accepted Answer

Cal's easement is a nonpossessory interest, meaning he has the right to use Dale's land but does not have possession or ownership of it. Possessory interests would give Cal actual ownership or possession of the land, which is not the case in this scenario. Adverse possession is the acquisition of ownership through continuous and hostile use of another's land for a certain period of time, which does not apply here. The power of eminent domain allows the government to take private property for public use, which is also not applicable to this situation.

Question 13

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

A fixed-term tenancy is created when there is an express contract specifying a set period of time for the tenancy. The other options (periodic tenancy, tenancy at will, and tenancy at sufferance) do not require an express contract specifying a fixed period of time.

Question 14

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 an express contract between the landlord (Estes) and tenant (Gert) that specifies a certain length of time for the lease. This type of tenancy cannot be created by implied contract or sufferance.

Question 15

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

Accepted Answer

A life tenant has the right to use the land and any existing resources, such as a mine, but cannot exploit the land in a way that would permanently deplete its resources, such as digging new mines.

Question 16

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

Accepted Answer

Fee simple ownership is the highest form of ownership interest in real property, and is potentially infinite in duration.

Question 17

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

Accepted Answer

A profit is the right to enter another's land and take some part of the land or a product of it, such as timber.

Question 18

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

Italo is the only one who owns the right to possess the land. Jana has an easement, which means she has the right to use a portion of the land for a specific purpose (such as a right of way). Kessler has a profit, which means he has the right to enter the land to extract something of value (such as timber or minerals), but he does not have the right to possess the land itself. Therefore, only Italo has the right to possess and use the land in its entirety.

Question 19

Colleen 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 a piece of property that is permanently attached or affixed to real property. The tile floor is permanently attached to the real property of Colleen's house, therefore it is most likely to meet the definition of a fixture. The throw rug and the decorative urn are not permanently affixed, and can easily be removed from the property, so they are not fixtures.

Question 20

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 the lease does not include a provision for renewal or extension, possession of the apartment would return to Taylor at the end of the lease term. This is a common default rule in lease agreements when there is no provision for renewal or extension. Absent any notice by Taylor or agreement to renew or extend the lease, Sergio's right to possession of the apartment would end at the expiration of the lease term.

Quiz 42: Real Property and Landlord-Tenant Law