Quiz I - Ownership of Real Property

In which of the following instances would water rights NOT apply?

A pond in the middle of a farm owned by one owner.

In states with the doctrine of prior appropriation, once a landowner has received a permit to use the water, how does he gain access to the water if it is not on or adjacent to his property?

Access must be negotiated as an easement with the owner of the property which adjoins the water source.

Which of the following ways of determing what is a fixture supersedes all other considerations? Select one: a. Agreement between the parties b. Method of attachment c. Intention of the party doing the attachment d. Adaptability of the attachment to the property?

Agreement between the parties

If someone adds a balcony to his house that extends over the neighbor's property line, he is violating what right?

Air rights

Ownership of land includes the soil and anything that is permanently attached to the earth's surface and also:

All of the above

Which of the following would be considered an attachment? Select one: a. Water pipes b. A lighting fixture which when removed leaves wires dangling from the wall c. A mailbox that is set in concrete d. All of the above

All of the above

Which of the following are methods for determining what is and is not a fixture? Select one: A. Agreement between the parties. B. Method of attachment. C. Intention and adaptability. D. All of the above.

All of the above.

The term positive situs may refer to a property with: Select one: a. good schools in the area. b. parks nearby. c. safe areas. d. Any of the above.

Any of the above.

Personal property may become real property by what method?

By annexation

In what way may an item of real property become personal property?

By severance

Which of the following is NOT usually a factor used for deciding disagreements over fixture status? Select one: a. Date of attachment b. Method of attachment c. Intention of the party doing the attachment d. Agreement of the parties

Date of attachment

In states where water is scarce, the ownership and use of water is often determined by:

Doctrine of prior appropriation.

An item of personal property which has been permanently attached to real property such as a light fixture or a bathtub is known as a

Fixture.

Land ownership extends

From the center of the earth and above the earth to infinity.

Littoral rights usually extend to what point?

Littoral rights refers to ownership of ocean front property. Ownership is to the point of high tide.

Water rights that apply to ocean front and lake front property (lapping water) are called:

Littoral.

Riparian rights may include all of the following EXCEPT: Select one: a. the right to build a dam across the waterway. b. the right to fish in the waterway. c. the right to build a pier or boat house over the water. d. the right to divert water for irrigation.

RIPARIAN RIGHTS are rights that apply to land adjacent to running water. Riparian rights allow an owner to use and enjoy, within reasonable limits, the water that borders or runs through his property. Reasonable rights usually include the right to fish, swim, build a pier or boat house, or divert water for irrigation. Riparian rights do not include the right to dam a stream or alter its natural course.

Water rights that apply to land adjacent to running water are called:

Riparian.

The method by which real property may become personal property is called

Severance

A man planted an azalea bush on his property but plans to dig it up and take it with him after selling his house. He stated this intention in writing in the purchase agreement. He did this because:

The bush is part of the real estate.

Riparian owners of land that is adjacent to non-navigable waterways have ownership to what point?

The mid-point of the waterway

Buyer Burk made an offer on a house with two beautiful chandeliers. Seller Suzy accepted the offer. After the closing Buyer Burk went to the property and found that the chandeliers had been replaced with others of inferior quality. Which of the following is TRUE?

The original chandeliers must be put back because Burk did not agree in writing that Suzy could remove them.

What type of fixture is considered personal property even though it is attached to the building?

Trade fixtures

A hairdresser installed basins, sinks, and chairs in the rented space to conduct her business. These installments belong to:

Trade fixtures are an exception to the rule. Trade fixtures are defined as things attached to real property for the purpose of carrying on a business. Unlike ordinary fixtures, trade fixtures are considered personal rather than real property, regardless of any permanence implied by method of attachment.

TRUE or FALSE? An owner may sell or lease his air rights to another person.

True

TRUE or FALSE? Dentist chairs would be considered trade fixtures.

True

TRUE or FALSE? In Louisiana, improvements which are owned by someone other than the owner of the land are called movables, or separate immovables.

True

TRUE or FALSE? Land is permanent, immobile, complex and unique.

True

TRUE or FALSE? Riparian rights only apply when more than one property adjoins the same body of water.

True

Two parcels of real estate appear to be identical. We know they are not because of the principle of:

Uniqueness

Economic characteristics of land include all of the following EXCEPT: Select one: a. Utility b. Scarcity. c. Fixity of Investment. d. Situs.

Utility

Do mineral rights transfer when the property is sold?

Yes, unless specifically retained in the contract.

The Louisiana term for fixture is:

component by attachment

Permanent man-made attachments to the land are know as:

improvements.

Ownership rights of ocean front property are known as:

littoral rights.

The term "situs" refers to

location.

An owner's rights to things below the surface of his property are called:

mineral rights.

The right of a person to the use and enjoyment of a thing to which he has a legal claim or title is called:

ownership.

Underground water sources such as springs and geysers are known as:

percolating waters.

The four physical characteristics of land are

permanence, immobility, complexity, and uniqueness.

The doctrine by which the right to use water for any purpose other than limited domestic use is controlled by the state rather than by the adjacent landowner is known as:

prior appropriation.

The five categories of real property are

residential, agricultural, industrial, commercial, and special purpose.

The four economic characteristics of land are:

scarcity, modification, fixity of investment, and situs.

Ownership along non-navigable waterways extends to:

the midpoint of the waterway.

Ownership rights that apply to land that is adjacent to navigable waterways extend to:

the water's edge.