Question 1

There are no interests in land that do not include any rights to possess the property.

Accepted Answer

Some interests in land, such as easements or restrictive covenants, do not include rights to possess the property but grant other types of rights, such as the right to use a path across the land or to enforce restrictions on its use.

Question 2

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

Accepted Answer

In a tenancy in common, when one tenant dies, their interest in the property passes to their heirs or as directed by their will, not automatically to the surviving owners.

Question 3

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

Accepted Answer

An item can be considered a fixture even if it is not physically attached to the land, as long as it is intended to be a permanent part of the property, such as built-in appliances or custom-made items that are integral to the use of the property.

Question 4

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

Accepted Answer

Tile and carpeting that are permanently attached to the floor of a house are considered fixtures because they are intended to be a permanent part of the house, not easily removed or replaced.

Question 5

With a tenancy at will, either party can terminate the tenancy without notice.

Accepted Answer

With a tenancy at will, either party can terminate the tenancy without notice because there is no fixed term for the tenancy and either party can end it at any time.

Question 6

The owner of a life estate has the same rights as a fee simple owner, including the right to sell the property or pass it to his or heirs.

Accepted Answer

The owner of a life estate has the right to use the property during their lifetime, but unlike a fee simple owner, they cannot sell the property or pass it to their heirs without the consent of the remainderman.

Question 7

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 public use is known as eminent domain, not adverse possession. Adverse possession is a legal principle that allows a person to claim ownership of land under certain conditions, such as open and notorious possession for a specific period of time.

Question 8

An individual's right to his or her property is absolute.

Accepted Answer

An individual's right to property is not absolute as it can be restricted by laws and regulations for reasons such as public welfare, safety, and eminent domain.

Question 9

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

Accepted Answer

A license can indeed be withdrawn or revoked by the issuing authority if the licensee fails to comply with the terms and conditions of the license or violates laws and regulations.

Question 10

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

Accepted Answer

In both tenancy in common and joint tenancy, each co-owner has an undivided interest in the property, meaning they share ownership of the entire property rather than owning a specific, divisible part of it.

Question 11

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

Ownership of real property is legally recognized through a set of rights and duties, such as the right to use, sell, or lease the property, rather than through physical possession of the land itself.

Question 12

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 rights to the subsurface (such as mineral rights) often require access through the surface to extract minerals or oil, making surface rights crucial for utilizing subsurface rights effectively.

Question 13

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 14

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

Accepted Answer

In a joint tenancy, when one tenant dies, their interest in the property automatically passes to the surviving joint tenant(s) through a legal process known as the right of survivorship, not to the deceased tenant's heirs.

Question 15

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 most complete ownership interest one can have in real property, with no limitations on its duration, and it grants the holder full possessory rights and the ability to dispose of the property at will.

Question 16

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 17

Real property consists of land, and does not include anything attached to it.

Accepted Answer

Real property includes land and also extends to the buildings, fixtures, roads, structures, and utility systems attached to or built on the land.

Question 18

The owner of real property has relatively exclusive rights to the airspace above the land.

Accepted Answer

The owner of real property generally has rights to the airspace above the land up to a certain altitude, subject to regulations and laws governing air travel and other uses.

Question 19

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

Accepted Answer

A valid deed must include language that demonstrates the grantor's intention to convey the property to the grantee, which is essential for the deed to be legally effective in transferring ownership.

Question 20

Land includes the soil on the surface of the earth, but not the waters contained on it.

Accepted Answer

Land, in economic and legal terms, includes not only the soil on the surface of the earth but also the water bodies contained on it, such as rivers and lakes, as well as the resources under the soil like minerals and also the airspace above the land.

Quiz 46: Real Property and Landlord Tenant Law