Question 1

The remainderman is the person who becomes the owner when a life estate terminates.

Accepted Answer

This is the correct definition of a remainderman in property law.

Question 2

If Anne holds an easement that allows her to travel over the land owned by Alice,Anne holds an affirmative easement.

Accepted Answer

An affirmative easement allows the holder to use the land owned by someone else for a stated purpose, such as traveling over it, which is the case for Anne.

Question 3

The National Environment Policy Act took effect in 1986.

Accepted Answer

The correct name of the act is the National Environmental Policy Act (NEPA), and it took effect on January 1, 1970.

Question 4

A fee simple defeasible estate is one that will come into the owner's possession upon the occurrence of a particular event.

Accepted Answer

A fee simple defeasible estate is one that the owner holds with certain conditions or events that, if violated or occur, can result in the termination of the estate, not the commencement of possession.

Question 5

A commercial easement in gross is generally non-transferrable whereas a non-commercial easement in gross is.

Accepted Answer

A commercial easement in gross can be transferable if the agreement allows it, whereas a non-commercial easement in gross may be non-transferrable if the agreement restricts it. The transferability of an easement in gross depends on the specific terms of the agreement between the parties involved.

Question 6

A leasehold estate is one whose termination date is usually known.

Accepted Answer

A leasehold estate is a type of real estate ownership where the lessee (tenant) has the right to possess and use the property for a certain period of time, as specified in the lease agreement. The termination date of the leasehold estate is usually known and agreed upon at the time the lease is signed.

Question 7

A variance permit is an exception to the requirements of a zoning ordinance.

Accepted Answer

A variance permit allows for deviation from certain zoning requirements in special situations, such as physical hardships or other unique circumstances.

Question 8

Tort law considers social guests as invitees as they are invited onto the premises for certain personal purposes.

Accepted Answer

Tort law considers social guests as licensees, not invitees. Invitees are those who are invited onto the premises for mutual benefit, such as customers or delivery personnel.

Question 9

Suppose a transferor would convey land with these words "to Ben for life and then to Jane",it would mean that Ben has a life estate and after Ben's death Jane would also have a life estate.

Accepted Answer

The transfer would create a life estate in favor of Ben, but upon Ben's death, the property would not pass to Jane as a life estate. Instead, the future interest would be in a remainder or reversion, depending on the exact wording and intent of the transferor.

Question 10

Ross has his house built on the border of a public watercourse in a state that follows riparian rights theory.It can be said that he:

Accepted Answer

Riparian rights theory grants those who own land along a watercourse the right to make reasonable use of it, including the expectation that the watercourse is maintained in its natural state. This does not extend to unlimited use, diversion for exclusive personal or professional use, or the necessity of court approval for any use.

Question 11

A widow or widower a right to a percentage often one-third)of the property of the spouse when the spouse dies.This is known as an)_____.

Accepted Answer

The right of a widow or widower to a percentage (often one-third) of the property of the deceased spouse is known as dower.

Question 12

The National Environment Policy Act NEPA)does not apply to purely private activities.

Accepted Answer

NEPA applies to federal agencies and actions they fund, approve, or undertake. It does not apply to purely private activities that do not involve federal funding or permits.

Question 13

Kathy had a private well dug in her land that provided water to about 10 people living in the same locality.Its protection would come under the purview of the Safe Drinking Water Act of 1974.

Accepted Answer

The Safe Drinking Water Act of 1974 primarily regulates public water systems and does not cover private wells serving fewer than 25 people or 15 service connections.

Question 14

According to the current laws of United States,any person or company that generates hazardous waste must dump it in a convenient landfill.

Accepted Answer

According to the current laws of United States, any person or company that generates hazardous waste must dispose of it in a hazardous waste facility. Landfills are not designed to handle hazardous waste and are not considered an appropriate disposal site.

Question 15

Bill purchased a plot of land for which the deed states that the grantor transfers the property "to grantee and his or her heirs".This would have the legal effect of creating an)_____.

Accepted Answer

The phrase "to grantee and his or her heirs" is a key indicator of a fee simple absolute estate, which provides the grantee with the fullest possible ownership interest in the property. This type of estate is inheritable and transferable.

Question 16

In relation to the rights of the landowners on water in United States,the _____ doctrine permits the benefit to be derived from use of the waterway to be weighed against the gravity of the harm.

Accepted Answer

The reasonable use doctrine is the concept that landowners have a right to use the water on or adjacent to their property as long as it is done in a reasonable manner that does not interfere with the rights of other users. Under this doctrine, the benefits derived from the use of the waterway can be weighed against the gravity of the harm caused by such use. This doctrine is in contrast to the prior appropriation doctrine, which grants rights to the first person to use the water, and the natural flow doctrine, which requires landowners to allow the water to flow naturally through their property without interference. The other choices, constructive annexation and remainderperson, are not related to the rights of landowners on water.

Question 17

The owner is ordinarily entitled to the fair market value of land condemned under eminent domain.

Accepted Answer

This is a principle of eminent domain. The owner is entitled to just compensation, which is typically determined by the fair market value of the property at the time of condemnation.

Question 18

The western states of the U.S.have adopted the riparian rights theory to deal with a land owner's rights to water.

Accepted Answer

The western states of the U.S. generally follow the prior appropriation doctrine, which is different from the riparian rights theory more common in the eastern states. The prior appropriation doctrine allocates water rights based on a "first in time, first in right" principle, rather than proximity to the water source.

Question 19

An easement is an estate whereas a license is personal to the grantee and is not assignable.

Accepted Answer

An easement is a property interest that is attached to the land and allows the holder certain rights over the land of another, whereas a license is a personal right granted by the landowner to the licensee to use or occupy the land, but it is not an estate or ownership interest in the land itself. Additionally, licenses are generally not assignable, meaning they cannot be transferred to another person, while easements can be assigned or transferred to other parties.

Question 20

In property law,an)_____ is an interest in real property,ranging from absolute dominion and control to bare possession.

Accepted Answer

The term "estate" refers to an interest in real property that may vary in scope from full ownership to the right to temporary possession. The other options do not encompass the full range of interests in real property. Fixtures are items that were once personal property but have become part of the real property (such as a built-in bookshelf). Chattels are personal property items that are not affixed to the real property (such as furniture). An attachment is a court-ordered seizure of property to satisfy a debt, while a lien is a legal claim on property as security for a debt.

Quiz 28: The Nature and Regulation of Real Estate and the Environment