Question 1

Lucky owns Mud Flats Ranch, which is situated on certain Nevada acreage. The exterior boundaries of the land extend

Accepted Answer

The general principle of land ownership is that the owner of the land owns the surface, the subsurface (including minerals and resources), and the airspace above it. While it may not be practical to exercise control over the full extent of these areas, the legal boundary extends to the center of the earth and up to the farthest reaches of the atmosphere. Therefore, choice D is the best answer.

Question 2

Jody and Kent each own one-half of Local Motion, a club, as a tenant in common. Kent sells his interest to Meri, who now owns

Accepted Answer

When Kent sells his interest to Meri, Meri takes over Kent's ownership as a tenant in common with Jody. Therefore, the answer is D - Meri and Jody own the firm as tenants in common.

Question 3

Ian and Jackie take title to a drive-through Koffee Kiosk in such a way that if one dies, the other will be the sole owner. Ian and Jackie own the kiosk as

Accepted Answer

Based on the information given, Ian and Jackie took title to the kiosk in such a way that if one dies, the other will be the sole owner. This is indicative of a joint tenancy, where the right of survivorship applies. In a joint tenancy, each owner has an equal share of the property and if one owner dies, their share passes automatically to the surviving owner(s). Co-ownership in fee simple, tenants by the entirety, and tenants in common do not have the right of survivorship.

Question 4

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer. Jamal's tenancy is

Accepted Answer

Jamal signed a lease with Kelvin, which implies that they entered into a contractual agreement for a specific period of time. Therefore, Jamal's tenancy is a fixed-term tenancy.

Question 5

Utility Power Company has the right to run its power lines across Velma's land. This is

Accepted Answer

This is an example of an easement, which is the right to use someone else's land for a specific purpose. In this case, Utility Power Company has the right to run its power lines across Velma's land for the purpose of providing electricity to others, but Velma still owns the land and can use it for other purposes. A license is a revocable right to use someone else's property, a profit is an interest in someone else's land that allows the holder to take something from the land, and a tenancy at sufferance is a situation where a tenant remains on the property after the lease has expired. None of these apply to this situation.

Question 6

Patsy possesses twenty-four acres of remote, rugged land. Patsy has the right to use the property, in?cluding extracting silver from an existing mine, for life. Patsy also has the right to lease the land for a period not to exceed her life. This ownership interest is

Accepted Answer

Patsy's ownership interest is a life estate because she only has the right to use and enjoy the property for the duration of her life. She cannot sell or transfer ownership to anyone else, except for the right to lease the land for the duration of her life. This is different from a fee simple absolute, which is full and complete ownership without any limitations on duration or usage.

Question 7

Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse on the property, may create a tenancy for years by

Accepted Answer

A tenancy for years is created by an express contract between the landlord and tenant stating a specific period of time for the tenancy. Therefore, an express contract (Choice B) is the best option for creating a tenancy for years. Deed (Choice A) may be used to transfer ownership of the property but does not create a tenancy. Implication (Choice C) and sufferance (Choice D) refer to other types of tenancies.

Question 8

Fact Pattern 48-1A 
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
-Refer to Fact Pattern 48-1A. Nika's ownership interest is

Accepted Answer

Nika's ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, indicating that she has a fee simple absolute ownership interest. A leasehold estate would give Nika the right to possess the property for a specified period of time, but she would not have the right to sell or give away the property without the landlord's permission. A life estate would give Nika the right to possess the property for her lifetime, but she would not have the right to commit waste or sell or give away the property without the approval of the remainderman. An easement would give Nika the right to use the property for a specific purpose, but she would not have the right to sell or give away the property.

Question 9

With respect to Egor's land, Fig has an easement, Gabe has a profit, and Huck has a license. A right to possess the land is owned by

Accepted Answer

An easement, a profit, and a license are all examples of nonpossessory interests in land, which means that they do not give the holder a right to possess the land. Therefore, the only person with a right to possess Egor's land is Egor himself.

Question 10

Kelly and Lon are married and own a hunting lodge in Montana in such a way that neither may transfer separately his or her interest during his or her lifetime. Kelly and Lon own the lodge as

Accepted Answer

The language used, "neither may transfer separately his or her interest during his or her lifetime," indicates that Kelly and Lon own the hunting lodge as tenants by the entirety. In this type of ownership, spouses have an undivided interest in the property and cannot sell or transfer it without the other spouse's consent. This is a form of ownership that is recognized in some states and is only available to married couples.

Question 11

Orin owns Pilot's Landing Office Park. His ownership rights include the right to sell or give away the property without restriction, as well as the right to com?mit waste, if she chooses. Orin's ownership interest is

Accepted Answer

Orin's ownership interest includes the two key defining characteristics of a fee simple absolute: he has the right to sell or give away the property without restriction, and he has the right to commit waste if he chooses. A leasehold estate is a rental agreement, not ownership. A life estate gives the owner the right to use and possess the property for their lifetime or the lifetime of someone else, but they cannot sell or give away the property without restrictions. The power of eminent domain is a government power, not an individual ownership interest.

Question 12

Fact Pattern 48-1A 
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
-Refer to Fact Pattern 48-1A. Nika conveys some of her land to Reggie with the right to possess and use the property for a certain period of time. Nika has given Reggie

Accepted Answer

By conveying some of her land to Reggie with the right to possess and use the property for a certain period of time, Nika has given Reggie a leasehold estate, which is a non-freehold estate (meaning for a limited time) that gives the holder the right to possess and use the property. It is not a fee simple absolute as Reggie's ownership rights are not unrestricted, nor is it a life estate as he does not have the right to use the property for his lifetime.

Question 13

Fact Pattern 48-1A 
Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses.
-Refer to Fact Pattern 48-1A. Nika deeds some of her land to Polly. The deed states, "To Polly, for life, then to Quay." Nika has given Polly

Accepted Answer

The language "for life" in the deed creates a life estate, which means that Polly has the right to possess and use the property for the duration of her life, but upon her death, the ownership will pass to Quay. This is a limited type of ownership, and Polly cannot sell or give away the property, nor can she commit waste on it.

Question 14

Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes

Accepted Answer

In the absence of any specific mention in the contract, a sale of a farm with standing trees and crops includes both the crops and the trees.

Question 15

Elsie and Frida buy a condo near the beach in Gulf Shores, Alabama. On the death of either owner, that owner's interest in the condo passes to her heirs. This is

Accepted Answer

A tenancy in common is a form of property ownership in which each co-owner (in this case, Elsie and Frida) owns a separate and distinct portion of the property. Each owner has the right to use the entire property, but only in proportion to their ownership share. In this scenario, on the death of either owner, that owner's interest in the condo would pass to her heirs, meaning that they would become new co-owners and hold the property as tenants in common with the surviving owner. This is different from a joint tenancy, in which the surviving owner automatically inherits the deceased owner's share of the property, and a life estate, in which a person owns property only for the duration of their life, and ownership passes to someone else upon their death. It is also different from ownership in fee simple absolute, which is the most complete form of ownership in which an individual has complete control and can sell, lease, or will the property to anyone they choose without any restrictions.

Question 16

Rafe signs a one-year lease with Suki to occupy an apartment in Lawrence, Kansas, near the University of Kansas. Rafe needs the apartment only for two semesters and may have to sublet it for the rest of the term. Rafe's tenancy is

Accepted Answer

Rafe's lease with Suki for one year is a fixed-term lease or a "tenancy for years." These types of leases typically have a specific end date and do not automatically renew. Rafe's need to sublet the apartment for the rest of the term does not change the fact that he initially signed a lease for a specific time period. A periodic tenancy would have no specific end date and would automatically renew until one party gives notice to terminate the tenancy. A tenancy at will would be a lease agreement without a specific time period and can be terminated by either party at any time with proper notice. A tenancy at sufferance would refer to a situation where a tenant remains in a property after their lease has expired, without the landlord's permission.

Question 17

Rural Holding Company (RHC) possesses farmland. RHC has the right to use the property, including harvesting the crops, for ten years. RHC does not have the right to extract the coal under the land. This is

Accepted Answer

This scenario describes a leasehold estate, where RHC has the right to use and harvest crops from the land for a limited period (10 years), but does not have the right to extract coal from the property.

Question 18

Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Land includes

Accepted Answer

Land includes not just the soil, but also any permanently attached structures and any bodies of water within its boundaries. Therefore, all of these components - the farmhouse, barn, other structures, pond, and soil - are considered part of Kailin's land.

Question 19

Jen and Kilroy own a condo near Lake Tahoe as joint tenants. Kilroy sells his ownership rights in the condo to Mira. Jen and Mira own the condo as

Accepted Answer

When Kilroy sold his ownership rights to Mira, the joint tenancy was severed, and Mira did not become a joint tenant with Jen. Instead, Jen and Mira own the condo as tenants in common.

Question 20

Fergie and Gus buy a cabin in the Smoky Mountains near Gatlinburg, Tennessee. On the death of either owner, that owner's interest in the cabin passes to the surviving owner. This is

Accepted Answer

A joint tenancy is a form of co-ownership where each owner has an equal undivided interest in the property and the right of survivorship. This means that if one owner dies, the other owner automatically inherits their share of the property. This is consistent with the scenario described in the question, where the cabin ownership passes to the surviving owner upon the death of either owner.

Quiz 48: Real Property and Landlord-Tenant Relationships