Question 1

The most important factor in determining whether an item is a fixture is the perception of a disinterested third party.

Accepted Answer

The most important factor in determining whether an item is a fixture is the method of annexation, the adaptability of the item for the property's use, the relationship of the parties, and the intention of the party who attached the item to the property.

Question 2

When a tenant in common dies,that party's interest in the property automatically passes to the surviving owners.

Accepted Answer

When a tenant in common dies, their interest in the property does not automatically pass to the surviving owners. Instead, it passes to their heirs or beneficiaries as outlined in their will or through state intestacy laws if there is no will. The surviving owners retain their own separate interest in the property.

Question 3

When a joint tenant dies,his or her interest in the property passes to his or her chosen heirs.

Accepted Answer

When a joint tenant dies, his or her interest in the property automatically passes to the surviving joint tenant(s), not to chosen heirs.

Question 4

A person who rents an apartment has an easement by necessity in the private road leading to the apartment building.

Accepted Answer

The person who rents an apartment has the right to access the apartment building and therefore has an easement by necessity over any private road leading to it.

Question 5

In both a tenancy in common,and a joint tenancy,each co-owner owns an undivided interest in the property.

Accepted Answer

In both a tenancy in common and a joint tenancy, each co-owner owns an undivided interest in the property.

Question 6

A license is a personal privilege that cannot be withdrawn or revoked.

Accepted Answer

A license is a personal privilege that can be withdrawn or revoked by the authority who granted it.

Question 7

Tile and carpeting permanently attached to the floor of a house are most likely intended to be fixtures.

Accepted Answer

Fixtures are items that are permanently attached to the property and considered part of the real estate. Tile and carpeting that are permanently attached to the floor of a house are considered fixtures, as they cannot easily be removed and are intended to be a permanent part of the property.

Question 8

The rights of the owner to the subsurface of a piece of land would have little value if the owner could not use the surface to exercise those rights.

Accepted Answer

The use of the surface of the land is necessary for the exercise of subsurface rights, such as drilling for oil or minerals. Without access to the surface, the owner would be unable to extract or benefit from the resources underground.

Question 9

Land includes the soil and water on the surface of the earth,but not the water under the surface.

Accepted Answer

Land includes not only the soil and water on the surface but also the water beneath the surface, such as groundwater.

Question 10

Adverse possession is a means of obtaining title to land without delivery of a deed.

Accepted Answer

Adverse possession is a legal concept where one can acquire title to property by openly occupying it for a certain period of time without the owner's permission. This title is obtained without the need for a formal deed or transfer of ownership.

Question 11

The condemnation power of the government to take land for a public use is known as the right of adverse possession.

Accepted Answer

The condemnation power of the government to take land for a public use is known as eminent domain. Adverse possession refers to a legal concept where a person can gain ownership of a piece of property by using it for a certain period of time, without the owner's permission.

Question 12

Unless the owner of an easement or profit becomes the owner of the property burdened by it,an easement or profit cannot be terminated or extinguished.

Accepted Answer

An easement or profit can be terminated or extinguished through various means, such as abandonment, release, merger, or expiration of a time-limited easement. However, the owner of the easement or profit cannot unilaterally terminate or extinguish it without the consent of the property owner or a court order.

Question 13

To acquire property by adverse possession,the possession must be secret or clandestine.

Accepted Answer

The possession does not have to be secret or clandestine in order to acquire property by adverse possession. However, it must be open, notorious, and hostile to the true owner's interest.

Question 14

Because no one can actually hold a piece of land,certain rights and duties are recognized to constitute the ownership interests in real property.

Accepted Answer

This statement is true. Real property ownership consists of various rights and duties, but it does not involve physically holding onto the land.

Question 15

An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.

Accepted Answer

An easement is a non-possessory right to use and/or enter onto the real property of another without possessing it. It typically allows the holder of the easement to use someone else's property for a specific purpose rather than to take any part of it.

Question 16

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

Accepted Answer

A fee simple absolute is the highest form of ownership in real property and gives the owner complete control over the property with no limitations on how they can use, sell or transfer it.

Question 17

To be a fixture,an item of personal property must be physically attached to the land in some way.

Accepted Answer

The answer of To be a fixture,an item of personal...

Question 18

Society's interest in ensuring that real property remains in the stream of commerce is one of the reasons for the doctrine of adverse possession.

Accepted Answer

Adverse possession allows for the transfer of real property from an owner who has neglected or abandoned it to someone who has possessed and improved it for a certain period of time. This helps to ensure that property is being utilized and contributing to the economy.

Question 19

A valid deed must contain words indicating an intent to convey (transfer)the property.

Accepted Answer

A valid deed must contain words indicating an intent to convey (transfer) the property. This is one of the essential elements of a valid deed.

Question 20

The covenant of quiet enjoyment guarantees that the buyer will not disturb the land or any of its neighbors.

Accepted Answer

The covenant of quiet enjoyment assures the tenant or property owner that their possession will not be disturbed by previous claims of ownership or any other legal disputes against the property.

Quiz 23: Real and Personal Property