Question 1

In the area between the public street and the wall of Arboleda, a gated community, the association for the community has planted citrus trees. During the months between November and March, the trees have ripe fruit (oranges, lemons, and grapefruit). A problem has developed with the occupants of passing cars stopping and picking the fruit from the trees. The association has a tree maintenance firm that maintains the trees in exchange for harvesting the fruit. The trees are located on property owned by the association, but, as noted. outside the wall. When the Arboleda security guard asked a passer-by to stop taking the fruit he said, "Hey, it's out here in the open, next to a public road, and it's not a yard. I have a right."

Accepted Answer

The answer of In the area between the public street...

Question 2

Joan Robertson is leasing her subsurface rights to Chevron. Chevron plans to start a fracking operation on her property. What additional rights will Chevron need?

Accepted Answer

D  Chevron will need surface rights to place equipment on the land and a permit from the local government to legally conduct fracking operations.

Question 3

Joan Robertson is leasing her subsurface rights to Chevron. Chevron plans to start a fracking operation on her property. What would Chevron be liable for?

Accepted Answer

Chevron would be liable for damage to adjoining property because they are the ones conducting the fracking operation.

Question 4

Adam Riverton owns property in Texas. He has set up eight water tanks around his 40-acre ranch in order to capture rainwater for use in watering his horses and other animals. Which of the following statements is correct?

Accepted Answer

Under Texas law, property owners can capture rainwater for personal use, but if it escapes into the ground, they lose title to it as it becomes part of the groundwater.

Question 5

Alberta Simpson purchased a home in a gated community with a swimming pool. Because of the loss of her job, Alberta was unable to make her payments. Unable to sell the home, Alberta walked away from the home and her mortgage. The bank has taken over possession of the home. However, the bank has not arranged for maintenance of the property. The swimming pool has become a breeding ground for mosquitoes and the county has had to post a warning notice on the front door for the neighbors to stay away from the property because of the risk for contracting the Nile virus from the mosquitoes. Which of the following statements is correct?

Accepted Answer

The bank is liable for the damages caused by the pool and mosquitoes because it has taken over possession of the home and is responsible for its maintenance.

Question 6

Walmart has submitted a proposal to federal and local authorities for the use of drones in Christmas package deliveries. Apart from the issue of air rights, what other landowner rights are affected by the presence of drones?

Accepted Answer

The answer of Walmart has submitted a proposal to federal...

Question 7

When a state uses eminent domain to take land for purposes of wind power development:

Accepted Answer

When a state uses eminent domain, it must provide just compensation to landowners for the taking of their property, which includes compensation for the loss of value.

Question 8

Which of the following statements is correct about fracking?

Accepted Answer

The answer of Which of the following statements is correct...

Question 9

The Rinkins owned a home located next to the Schweikers. The Rinkins have a large oak tree next to the boundary line between their property and that of the Schweikers. Seven of the branches of the oak tree now hang over onto the Schweiker property. Mrs. Schweiker cut the seven branches so that they ended just at the boundary line. Which of the following statements is correct?

Accepted Answer

Mrs. Schweiker had the right to trim the overhanging branches because property owners generally have the right to remove parts of a tree that encroach onto their property.

Question 10

Smith has seen Jones' dog in his (Smith's) yard each morning. The dog leaves behind irritating matter. Smith wishes to know his rights.

Accepted Answer

The answer of Smith has seen Jones' dog in his...

Question 11

Margaret was shopping in a large grocery/department store when she slipped on some spilled dusting powder and fell, injuring her back. Margaret wishes to recover for her medical bills and her injury. What result? What further information would be helpful?

Accepted Answer

The answer of Margaret was shopping in a large grocery/department...

Question 12

Farmer A has just discovered that there are large pockets of geothermal energy beneath his farm. A major corporation wishes to develop the resources. What words of caution can you offer to Farmer A?

Accepted Answer

The answer of Farmer A has just discovered that there...

Question 13

Resident A, a conscientious homeowner, lives next door to Resident B, who currently has 4‑foot tall weeds in his yard and keeps four monkeys as pets. The weeds have produced allergic reactions in A and her family. The monkeys swing from trees on both A's and B's properties. The monkeys are flea‑ridden, and A is concerned for her children's welfare. What rights does A have?

Accepted Answer

The answer of Resident A, a conscientious homeowner, lives next...

Question 14

A owns property adjoining a stream. B owns property downstream which is also adjoining. A currently uses the stream water for domestic and drinking purposes. B is a similar user. A would like to use the stream to irrigate a garden, but B would be deprived of water if A does so. Discuss the parties' rights under both the Riparian and Prior Appropriation Theories.

Accepted Answer

The answer of A owns property adjoining a stream. B...

Question 15

Lance has just purchased a home for $620,000 in a quiet subdivision of Dallas. Lance soon discovers that his neighbors have two sons, ages 16 and 18, who have car stereos and a significant number of friends. Each evening as the boys return home, their stereos are quite loud and the bass vibrations cause the windows in Lance's home to shake. Their returns are generally between midnight and 2:00 a.m., and Lance is losing sleep. He is quite irritable and not performing at his peak at work. Lance's neighbors are similarly disturbed by the boys' activities. What, if anything, can they do?

Accepted Answer

The answer of Lance has just purchased a home for...

Question 16

Homeowner A owns a corner lot as shown below:
  The Xs on the left side represent shrubs that hang over the sidewalk. Pedestrians have complained of having to step into the street to walk by, and motorists claim they are blind-sighted by the shrubs. Can neighbors take any action?

Accepted Answer

The answer of Homeowner A owns a corner lot as...

Question 17

Building Resources, Inc., is the manager for an apartment complex located in Baltimore, Maryland. Residents have complained about the presence of transients sleeping in the tenant's parking lot area and going through the complex's trash bins. Building Resources received notice from the city of Baltimore about the risks of allowing transients to remain on private property. The notice disclosed that crime, including assaults, increased with the lack of enforcement of trespass laws by owners.
John Goodview, a resident of the Building Resources complex, was attacked and robbed by two transients as he walked from the parking lot to his apartment. Goodview suffered severe injuries and was off work for one month. Goodview wishes to know if he has any rights against Building Resources.

Accepted Answer

The answer of Building Resources, Inc., is the manager for...

Question 18

The Zuni Indians, as part of their religion, make a periodic pilgrimage at the time of the summer solstice, on foot or horseback, from their reservation in northwest New Mexico to the mountain area the tribe calls Kohlu/wala:wa, which is in northeast Arizona. The Zuni believe Kohlu/wala:wa is their place of origin, the basis for their religious life, and the home of their dead. The pilgrimage has occurred since the fifteenth century.
The pilgrimage crossed over the rather large landholdings of Earl Platt. In 1985, Mr. Platt declared that he was going to prohibit the Zuni from crossing his lands during their pilgrimage. The United States government intervened in the dispute on behalf of the Zuni. A woman from St. Johns, Arizona (located in the northeast part of the state), has testified that she remembers watching the pilgrimage as a girl in 1938. Can Mr. Platt stop the Zuni? Do the Zuni have any rights? U.S. on Behalf of Zuni Tribe of New Mexico v. Platt, 730 F.Supp. 318 (D. Ariz. 1990).

Accepted Answer

The answer of The Zuni Indians, as part of their...

Question 19

Identify each of the following as a trespasser, licensee, or invitee.
a. Paramedic
b. Salesperson
c. Meter reader
d. Camper in a national park
e. School children who regularly cut across property

Accepted Answer

The answer of Identify each of the following as a...

Question 20

Evaluate this statement for its accuracy: "All landowners assume the risk of changes in the use of surrounding property."

Accepted Answer

The answer of Evaluate this statement for its accuracy: "All...

Quiz 3: Extent of Real Estate Interests