LAW 655 - Midterm Fall 2023
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LAW 655 Midterm
Chapter 1: Introduction to the Law of Real Property
1.
The law of real property in general is governed by the law of the state in which the owner
of the real property resides.
2.
The law of real property in general is governed by the law of the state where the real property is located.
3.
An owner of real property usually owns all of the minerals beneath the surface of the land.
4.
An owner of real property generally does not own the airspace above the surface of the land.
5.
A fixture is classified as personal property.
6.
A fixture is classified as real property.
7.
Occupancy of land by someone without the permission of the owner is a trespass.
8.
Since the law does not favor the free right to transfer ownership, the law will approve almost any restraint on an owner’s right to transfer ownership of property.
9.
An estate for years is the highest and best kind of estate in real property an owner can own.
10. A fee simple absolute estate has a potential infinite duration and unrestricted inheritability.
11. A fee simple on condition subsequent estate automatically expires on the happening or non-happening of the event stated in the deed of conveyance or the will creating the estate.
12. A life estate must always be for the life of the owner.
13. A life estate may be for life of a person other than the owner.
14. If the owner of a life estate commits waste, the life estate will terminate, even though the owner is alive.
15. A life estate owner must share the income generated from the life estate with the owner of
the remainder interest.
16. Life estates are transferable during the lifetime of the owner.
17. Life estate are not transferable during the lifetime of the owner.
18. An estate limited in its duration to a fixed period of time is known as a life estate.
19. At common law, an estate at will could be automatically terminated.
20. A promise to make a gift is generally not revocable.
21. A promise to make a gift is generally revocable.
22. An estate at will is real property which passes by last will and testament.
23. An heir must always be a relative of the decedent.
24. Inheritance is the transfer of ownership of real property when a person dies with a will.
25. Inheritance is the passage of ownership of real property from a person who dies without a
will.
26. The doctrine of riparian rights states that the right to use water is given to the landowner who uses the water first.
27. Appropriantion is the doctrine which states that the right to use water is given to the landowner who uses the water first.
28. Appropriation is the doctrine which states that all landowners must share equally in the use of water for domestic purposes.
29. Riparian rights is the doctrine which states that all owners of lands must share equally in the use of water for domestic purposes.
30. Trade fixtures are fixttures that can easily be traded for anothere type of property.
31. Trade fixtures are items, such as shelving or counters, installed by a tenant on property to assist the tenant in the conduct of its business.
32. “Color of title” is evidenced by a written instrument such as a deed, court decree, or judgment.
33. A person cannot obtain adverse possession against property that benefits the puclic.
34. Personal property may include living things such as animals.
35. Personal property does not include living things such as animals.
36. A copyright is tangible property.
37. An automobile is intangible property.
38. A copyright is intangible property.
39. The Mortgage Reform and Anti-Predatory Lending Act is an example of a federal statute affecting real estate transactions.
40. The right to flight over property is given only by easement.
41. Because a landowner owns the airspace above the land, air travel through the airspace is prohibited.
42. Air rights and subsurface rights cannot be conveyed independently. 43. Contracts are an example of private law.
44. The Euqual Protection Clause of the Fouthteen Amendment of the U.S Constitution requires the federal government to apply laws equally to all citizens so that they all enjoy the same protections for land ownership.
45. The Fifth Amendment of the US Consitution affords landowners protection in eminent domain proceedings from the federal government.
46. The adding together of periods of adverse possession is called bundling.
MC Questions
1.
Which of the following is not considered real property?
2.
In determining that an item is a fixture, a court will consider which of the following?
3.
The adding together of periods of adverse possession is called?
4.
The typical period that a person must possess real property in order to be an adverse possessor is?
5.
In addition to adverse possession being adverse, it must also be?
6.
A deed which conveys property to an owner “so long as the land is used for an avocado farm” creates an estate known as?
7.
Henry transfers property to Susan for the life of Tom, then to Kevin. On the death of Susan, the property owner is?
8.
Henry transfers a life estate to Susan with the remainder to Tom. Tom dies before Susan. On Susan’s death, the property owner is?
9.
Generally the following system(s) of law governs the law of real property?
10. Which of the following items would not be classified as personal property?
11. Failure by an owner of a life estate to adequately maintain the property subject to the life estate is known as?
12. Which of the following is/are considered an act/acts of possession?
13. The conveyance of real property in a will is referred to as?
14. Aaron conveys to Bill an estate of property for 20 years and upon the expiration of the 20
years, to Carol. Carol ‘s estate in the property would be?
15. The main method(s) of acquiring ownership to real property is/are?
16. The doctrine which states that the use of water belongs to the landowner who uses the water first is known as?
17. For purposes of adverse possession under color of title, most states consider which of the following instruments as evidence of color of title?
18. Kent Jones operates a dry-cleaning business. He has been served with a notice from the Environmental Protection Agency (EPA) that he is in violation of 18USC 1808. Kent is unsure what he has done and wants to know where he might find information on the law the EPA says he has violated. Where would you advise Kent to look?
Chapter 2: Concurrent Ownership
1.
A joint tenancy with the right of survivorship can be created by a deed or a will.
2.
Joint tenancy with right of survivorship can be created only by a deed.
3.
Each owner under a joint tenancy with right of survivorship owns an equal undivided interest in the property.
4.
The right of survivorship in a joint tenancy with right of survivorship providers that one owner’s interest in the joint property can be willed or passed to his or her heirs at death.
5.
The survivorship feature of a joint tenancy with right of survivorship can be terminated by the parties.
6.
The survivorship feature of a joint tenancy with right of survivorship can be terminated by the parties.
7.
Tenancy in common can be created by deed or will.
8.
Tenancy in common can be created by will only.
9.
Tenancy in common does not have a right of survivorship.
10. It is mandatory that tenants in common have equal shares.
11. It is possible, in a tenancy in common, that the owners may hold unequal shares in the property.
12. An owner of a tenancy in common has a nonexclusive right to possess the common property.
13. A common owner is entitled to his or her fractional share of any rent or income produced from the real property.
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14. The obligation of a common owner to pay his or her share of the common expenses is known as the right of contribution.
15. An owner of a tenancy in common cannot sell his interest in the property without the other common owners’ consent.
16. An owner of a tenancy in common can sell or mortgage his interest in the common property without the other common owners’ consent.
17. The debts of a single common owner will blind his or her interest in the property but will not affect the common property.
18. 18 The debts of a single common owner are unenforceable against the owner’s interest in the common property.
19. The division of common property into separate ownership is called contribution.
20. The division of common property into separate ownership is called partition.
21. Partition must always be done by court action.
22. Partition may be by voluntary agreement or by court action.
23. A common owner can waive his or her right to partition.
24. A common owner cannot waive his or her right to partition.
25. Tenants by the entirety must always be married to each other.
26. It is not required that tenants by the entirety be married to each other.
27. When property is owned as tenants by the entirety, the death of one spouse will result in the surviving spouse owning the property as a whole.
28. A spouse’s interest in a tenancy by the entirety property can be willed by the spouse.
29. A spouse’s interest in a tenancy by the entirety cannot be willed, but it can be inherited.
30. A majority of the states recognize community property.
31. Community property is found in only a few states.
32. All property owned by a husband and wife in a community property state is community property.
33. Property owned by a spouse before marriage in a community property state is separate property.
34. Property owned by a spouse before marriage in a community property state becomes community property at the time of marriage.
35. Property acquired by a spouse by gift in a community property state is community property.
36. All partners in a limited partnership have full liability for the debts and obligations of the limited partnership.
37. A limited partner in a limited partnership, unlike a shareholder in a corporation, has full liability for the debts and obligations of the limited partnership.
38. A limited partner in a limited partnership has limited liability for the debts and obligations of the limited partnership similar to that of a shareholder in a corporation.
39. A general partnership must always have a formal written partnership agreement.
40. It is possible for persons to be general partners in a general partnership without a formal partnership agreement.
41. At least one member of a limited liability company must have full liability for the debts and obligations of the limited liability company.
42. Each member of a limited liability company is an agent of the company for purposes of its business affairs.
43. Members of a limited liability company are not personally responsible for the debts or obligations of the limited liability company.
44. A limited liability company can be formed without any type of formal agreement.
MC Questions:
1.
Which of the following is NOT one of the unities required for a joint tenancy with right of survivorship? 2.
Aaron, Bob, and Carl, as joint tenants with right of survivorship, own 15 acres of land. A purchaser wishes to purchase 5 acres of land. The purchaser will need a deed from?
3.
Aaron, Bob, and Carl own property as joint tenants with right of survivorship. During the lifetime of all of them, Aaron sells his interest in the property to Donna. Bob then dies and wills all of his property to Frank. Who are the owners of the property after Bob’s death?
4.
A tenancy in common may be created by? 5.
The right of a common owner to be reimbursed from the other common owners for their share of common expenses is called the right of?
6.
The voluntary division of common property by the owners into separate ownerships is called?
7.
Which of the following concurrent forms of ownership contains a right of survivorship?
8.
Harry and Wilma own property as tenants by the entirety. Without Wilma’s consent, Harry deeds his interest in the property to Frank. The owners of the property are?
9.
Which of the following would not be community property?
10. Which of the following are requirements for the creation of dower?
11. Which of the following entities can be formed without a formal agreement?
12. Which of the following have a full liability for the debts and obligations of the entity?
Chapter 3: Survey and Land Descriptions
1.
A boundary survey without any warranties as to accuracy is called an as-built survey.
2.
A boundary survey that locates physical improvements on the land is called an as-built survey.
3.
All states use a government rectangular survey system.
4.
Generally speaking, a land lot and district designation would not be found in a government rectangular survey system.
5.
Generally speaking, a land lot and district designation would be used in a government rectangular survey description.
6.
Base lines run north and south.
7.
Base lines run east and west.
8.
Principal meridians run east and west.
9.
Principal meridians are always identified as a certain meridian a number of degrees north of the equator.
10. Township lines are lines that run east and west at 6-mile intervals parallel with base lines.
11. Township lines are lines that run at 6-mile intervals north and south parallel with meridians.
12. Range lines are lines that run east and west at 6-mile interval parallel with base lines.
13. A township square is 20 miles square.
14. A township square is 36 miles square.
15. A township square is divided into 24 sections.
16. A township square is divided into 36 sections.
17. Each section of a township square contains 1,000 acres.
18. Each section of a township square contains 640 acres.
19. A platted description describes a piece of land by reference to a recorded survey or plat.
20. A metes and bounds description describes a piece of land by reference to a recorded survey or plat.
21. A metes and bounds call will contain both a course and a distance.
22. A metes and bounds description must close.
23. “Begin at a point on Elm Street” is a correct designation as a point beginning.
24. The length between two points on a metes and bounds description is called a course.
25. A straight line between the beginning and ending points of a curve is called a chord.
26. Most surveys should indicate which direction is north on the survey by including a north arrow.
27. Most surveys should indicate which direction is south on the survey by including a south arrow.
28. Generally, a surveyor will indicate if the property surveyed is located in a flood hazard area.
29. Generally, a surveyor will indicate if the property surveyed is located in an earthquake zone.
30. One of the key objectives when reviewing a survey is to determine of the survey description of the property matches the description contained in the deed to the property.
MC Questions
1.
Vertical lines that run north and south and are used in the goevernment rectangular survey
system are known as?
2.
Horizontal lines that run east and west and are used in a government rectangular survey system are known as?
3.
Land on either side of a principal meridian is divided into 6-mile strips by north and south lines, which are called?
4.
A township square is subdivided into?
5.
Sections within a township are numbered consecutively beginning in the?
6.
A section of a township contains?
7.
The SE ¼ of the NE ¼ of a section would be an area of land equal to?
8.
The S ½ of the SW ¼ of the NE ¼ of a section would be an area of land equal to?
9.
The NW ¼ of the SE ¼ of the SE ¼ of a section would be an area of land equal to?
10. Which of the following would be an appropriate monument for purposes of locating a point of beginning on a survey?
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Chapter 4: Public Regulation and Private Encumbrances
1.
Generally speaking, the power of government is issue zoning regulations is consitutional.
2.
Zoning is considered constitutional as long as the zoning regulation bears some reasonable relationship to the public welfare.
3.
Zoning is a judicial process and usually involves court proceedings.
4.
Zoning does not require procedural due process.
5.
Zoning is considered a legislative function of a governmental authority.
6.
Zoning is generally enforced through injunction.
7.
An owner may be responsible for hazardous waste cleanup, even if the owner was not the
creator of the hazardous waste.
8.
State governments have the right to take private property for public use.
9.
Local governments do not have the right to take private property for puclic use.
10. The exercise of the power of eminent domain requires procedural due process.
11. An owner’s property may be sold by governmental authorities for failure to pay real estate taxes.
12. Public real property is not subject to mechanics’ and materialmen’s liens.
13. Mechanics’ and materialmen’s liens can never be waived.
14. Private restrictions on the use of real property are never enforceable.
15. Generally, private restrictions on the use of real property are enforceable.
16. Subcontractors are generally not entitled to a mechanics’ lien.
17. The right to use real property for a special purpose such as a roadway is known as an easement.
18. The right to use real property for a special purpose such as a roadway is known as a restrictive convenant.
19. A trust deed is a public encumbrance.
20. Building codes are generally thought of a private.
21. The protection of wetlands is an important environmental concern.
22. A purchaser who has actual knowledge of contamination at the time of purchasing a property may still be an innocent party under CERCLA.
23. A Phase I environmental examination involves drilling wells and analyzing water samples.
24. A Phase II environmental examination generally involves drilling wells and analyzing water and soil samples.
25. The disclosure of lead-based paint is regulated by the federal government.
26. It is not necessary to disclose that a home built prior to 1978 may have lead-based paint.
27. A property owner has the right to challenge an assessment of his or her property for purposes of taxation.
28. A property owner does not have the right to challenge an assessment of his or her property for purposes of taxation.
MC Questions
1.
Which of the following are generally thought not to be public encumbrances?
2.
A use of real property that is changed or prohibited by subsequent zoning regulations is known as a(n)?
3.
Which of the following is not a public use that supports the exercise of the power of eminent domain?
4.
Which of the following would not be considered a private encumbrance?
5.
Which of the following groups is/are generally entitled to file a mechanics’ or materialmen’s lien?
6.
If you were in a state that followed the New York theory of lien claims and an owner had a contract to build a home for $100,000 and had already paid the general contractor $60,000, the owner’s responsibility to subcontractors are material suppliers on lien claims
would be limited to?
7.
If you were in a state that applied the Pennsyvania theory of lien claims and an owner had
a contract to build a home for $100,000 and had already paid the general constractor $60,000, the owner’s liability to subcontractors and materialmen would be limited to?
8.
Which of the following groups is/are nor responsible for cleanup costs of hazardous waste?
9.
The amount of real estate taxes os generally based upon?
10. Which of the following is not considered a legislative function of government?