Question 1

Eminent domain is the right of an owner of property in fee simple absolute to use the property as he or she sees fit.

Accepted Answer

Eminent domain is actually the right of a government or public authority to take private property for public use, usually with compensation paid to the owner.

Question 2

A sublease releases the tenant from his or her obligations to pay under the lease.

Accepted Answer

A sublease does not release the original tenant from their obligations under the lease; they remain responsible for rent and other terms if the subtenant fails to comply.

Question 3

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Accepted Answer

The answer of Under the Clean Water Act, criminal penalties...

Question 4

​Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on
A)a negligence theory.
B)a nuisance theory.
C)any theory.
D)a strict liability theory.

Accepted Answer

In a negligence theory, the plaintiff must show that the defendant did not exercise reasonable care, which caused the plaintiff's injuries. This requires the plaintiff to prove that the defendant had a duty of care, breached that duty, and caused the plaintiff's injuries. In a nuisance theory, the plaintiff must show that the defendant's actions amounted to an unreasonable interference with the plaintiff's use and enjoyment of their property. Strict liability theory imposes liability even if the defendant took reasonable care. Therefore, the best choice here is negligence theory as it specifically requires the plaintiff to demonstrate a failure to exercise reasonable care.

Question 5

Surface and subsurface rights cannot be separated.

Accepted Answer

Surface and subsurface rights can be owned by different parties and can be subject to separate ownership and leasing agreements.

Question 6

Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as
A)an environmental impact statement.
B)a nuisance.
C)a toxic tort.
D)a hazardous substance response.

Accepted Answer

Vincent's suit is a toxic tort, which is a type of personal injury claim arising from exposure to toxic substances.

Question 7

The covenant of quiet enjoyment is a promise that the buyer will not be disturbed in his or her possession of the land.

Accepted Answer

The covenant of quiet enjoyment is a legal promise in real estate that ensures the buyer or tenant will not be disturbed by others claiming a superior title to the property.

Question 8

The landlord is responsible for all damage to leased premises negligently caused by the tenant.

Accepted Answer

The tenant is typically responsible for any damage they negligently cause to the leased premises, not the landlord.

Question 9

With regard to air pollution, there is one set of ambient standards-maximum permissible levels of certain pollutants-and the federal government formulates plans to achieve them.

Accepted Answer

The answer of With regard to air pollution, there is...

Question 10

Performance standards for new sources of water pollution require the use of any available control technology, or AACT.

Accepted Answer

The answer of Performance standards for new sources of water...

Question 11

In most states, it is presumed that a co-tenancy is a tenancy in common unless there is specific language indicating the intent to establish a joint tenancy.

Accepted Answer

In most states, the default form of co-tenancy is a tenancy in common unless the deed or legal document explicitly states the intention to create a joint tenancy, which requires specific language to establish the right of survivorship.

Question 12

Alexis sells half of her Triple A Ranch land to the Bar B Ranch. On the land is a reservoir. In the deed, Alexis retains the right to remove a limited amount of water per day from the reservoir. This right is
A)a fee simple absolute.
B)a license.
C)an easement.
D)a profit.

Accepted Answer

The answer of Alexis sells half of her Triple A...

Question 13

Different standards for air quality depend on whether the sources of pollution are located in clean areas or polluted areas.

Accepted Answer

Air quality standards can vary based on the existing environmental conditions and pollution levels of an area, with stricter standards often applied to already polluted areas to improve air quality.

Question 14

The Environmental Protection Agency sets maximum levels for pollutants in public water systems.

Accepted Answer

The EPA sets maximum levels for pollutants in public water systems through the Safe Drinking Water Act.

Question 15

Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $50,000. Industrial Solvents is subject to a fine of
A)$0.
B)$15,000 per day.
C)$50,000 per day.
D)$65,000 total.

Accepted Answer

The answer of Industrial Solvents, Inc., averages $15,000 profit per...

Question 16

Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is
A)a grant deed.
B)a quitclaim deed.
C)a special warranty deed.
D)a warranty deed.

Accepted Answer

A quitclaim deed conveys only whatever interest the grantor has in the property, without any warranties or guarantees. This type of deed is commonly use to release any claims or interest the grantor may have in a property, without making any promises or assurances about the quality or extent of the interest conveyed.

Question 17

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

Accepted Answer

The answer of There are no defenses to liability under...

Question 18

Property used by a government for a public purpose such as a park is community property.

Accepted Answer

The answer of Property used by a government for a...

Question 19

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.

Accepted Answer

A public authority, such as a state's attorney general, has the legal authority to sue to stop a "public" nuisance. This can include actions such as pollution or other activities that affect a large group of people.

Question 20

A license is a 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

The answer of A license is a right to go...

Quiz 24: Real Property and Environmental Law