chapter 49

A landowner's rights to real property relate solely to the surface of the land.

false

The legal procedures that must be followed to effectuate a transfer of property include which of the following? (Check all that apply.)

acceptance delivery execution recording

A(n) ________blank account is an account maintained by a neutral third party into which a deposit on property is placed until all necessary steps for a transfer of property can be made.

escrow

Which of the following is correct regarding easements, profits, and licenses?

Easements, profits, and licenses do not include the right to possess the property.

Which of the following is an example of a statutory restriction on land use?

Environmental regulations

Which of the following is the term used for a title that is free from defects such as a lien or restrictions?

Marketable Title

Of the co-ownership interests, which of the following is the most common?

Tenancy in common

Which of the following is the most common type of co-ownership of real property?

Tenancy in common

Which of the following is not a type of co-ownership of real property?

Tenancy in equity

Which of the following is meant by Sierra's statement that Lorrena has marketable title?

That Lorrena has legal title and that there are no liens or restrictions on the property of which Sierra is aware.

A(n) Blank______ grants exclusive rights to ownership and possession of the land and is what most people refer to when they speak of buying a house or piece of land.

fee simple absolute

A(n) Blank______ is the most complete estate a person may have.

fee simple absolute

If all the legal requirements are met, unless the contrary is stated, the law presume the conveyance is a Blank______.

fee simple absolute

A general warranty deed contains certain warranties or promises by the: Blank______.

grantor

A special warranty deed promises only that the Blank______ has not done anything to lessen the value of the estate.

grantor

A properly drafted deed must contain identification of the Blank______, the person conveying the property, and the Blank______, the person receiving the property.

grantor; grantee

Examples of statutory restrictions on land use include Blank______ and Blank______.

historic preservation statutes; environmental regulations

In a divorce, a couple's tenancy by the entirety ownership interest converts to a tenancy: Blank______.

in common

Vivian buys a piece of property in an semi-developed subdivision. The local electric company has a(n) ________blank easement in the property in order to run electric lines across the property.

in gross

What kind of estate is granted only for the lifetime of an individual?

life

If the seller has legal title to the property, there are no liens on it, and there are no restrictions of which the buyer is not aware, the title is said to be: Blank______.

marketable

Zoning commonly restricts the type of use to which land may be put, such as Blank______, commercial, Blank______, or agricultural.

residential; industrial

Promises made by property owners to use or not use their land in particular ways are known as: Blank______.

restrictive covenants

When the Townsend Estates was being built, all land owners agreed to build 2,500 square foot homes with brick fronts. This is an example of a ________blank.

restrictive covenants

In making a transfer by ________blank deed, the grantor is only making the promise that he or she has not done anything to lessen the value of the estate.

special warranty

An easement is an irrevocable right to use some part of another's land for a(n) Blank______ purpose without taking anything from it.

specific

Robin is leasing an apartment. With permission of her landlord, she is going to lease her apartment to Bryan. This is an example of a(n) ________

subleaseCorrect

The airspace above the land is part of the legal concept of real property.

true

As an example of the restrictions on land use, the doctrine of Blank______ prohibits some uses and abuses of land.

waste

How much time is required for a person to win an adverse possession claim in Kenya?

12 years

Which of the following statements is false regarding the extent of real property ownership rights?

A landowner is prohibited from cutting branches of a neighbor's tree hanging over into the landowner's premises.

Timberline Company contracts with Chassidy to come onto her 500-acre property and take evergreen trees. What is this an example of?

A profit

In conveying property, Jayson does not want to make a complete warranty of the property and promises only that he has not done anything to lessen the value of the property. What type of deed should Jayson file?

A special warranty deed

Which of the following should a possession be to qualify as an adverse possession? (Check all that apply.)

Actual Open Notorious

Which of the following is a situation in which real property is involuntarily transferred?

Adverse possession

What is the legal process by which a transfer of property is made against the protest of the property owner?

Condemnation

Which of the following are situations in which real property are involuntarily transferred? (Check all that apply.)

Condemnation Adverse possession

With which type of interest in real property is a future interest in an estate most likely to be associated? (Check all that apply.)

Conditional estate Life estate

Which of the following is the document that directs a condominium association?

Declaration of Covenants, Conditions, and Restrictions

Creden follows all procedural steps in conveying his property to Adam. However, the deed does not state what type of interest is transferred to Adam. Adam claims he has a fee simple absolute, but Creden says it is a life estate because they agreed that he could only have it until he died. What type of estate does Adam own?

Fee simple absolute is presumed, since the deed does not state otherwise.

Which of the following refers to a person's present right to future property ownership and possession?

Future interest

Which of the following is not a requirement for adverse possession?

Insidious

Which of the following is true regarding a tenancy by the entirety?

It describes a form of co-ownership by married couples.

Which of the following is correct regarding tenancy in common? (Check all that apply.)

It gives each co-owner the right to sell his or her interest without the consent of the others. It gives each co-owner the right to own an unequal share of the property.

Which of the following is not a type of co-ownership of real property?

Joint and several tenancy

Kimi has lived in a small house for 30 years. The house is owned by her boyfriend, Marlon, who died 21 years ago. Marlon's son, Oslo, now wants to retire and wants Kimi out of the house, but Kimi claims it belongs to her, since Oslo never complained about her living there. The adverse possession law in their state is 20 years. Who is the owner of the house?

Kimi because she has lived in the house openly and without the owner's permission for 20 years.

Which of the following refers to the temporary and revocable right to use another's property?

License

"To Walter to use for his life" is an example of which type of estate?

Life

______ title refers to the seller having legal title to the property, there being no liens on the property, and there being no restrictions on the property of which the buyer is not aware.

Marketable

Which of the following is correct regarding land use?

No one is allowed to use land in a completely unrestricted manner.

John owns property in fee simple absolute, which contains a public easement next to a creek. The easement has poor drainage, and a construction company fixing drainage to the adjacent property wants to dump a load of soil in the area of the easement, which would also benefit John's property. May the company dump the soil on the public easement?

No, only the fee owner or the city can alter property of the easement.

Which of the following refers to land and everything permanently attached to it?

Real property

What type of deed promises only that the grantor has not done anything to lessen the value of the estate?

Special warranty

Which of the following was the result in Red Rock Granite Incorporated v. Kafka Properties, LLC, the case in the text in which a homeowners' association agreement prohibited the mining or selling of minerals from lots purchased from Red Rock?

The court ruled that there was no evidence that Kafka Properties actually sold any of the materials that it removed from the property purchased from Red Rock.

Krystal buys a new house from Kiel and puts down $10,000 in earnest money. If Kiel accepts Krystal's offer, what happens to the earnest money?

The earnest money will apply toward the purchase price.

Which of the following forms of co-ownership of real property recognizes equal ownership, with the property being divided equally among the survivors upon the death of one of the co-owners?

Which of the following forms of co-ownership of real property recognizes equal ownership, with the property being divided equally among the survivors upon the death of one of the co-owners?

Does Max have any legal recourse to prevent the property from deteriorating?

Yes, as a future owner, Max can bring legal action to recover damages.

__________ is the process in which government places restrictions on the use of property to protect the health, safety, and welfare of citizens.

Zoning

Britt is leasing a new house and installs floor to ceiling mirrors on the wall. These floor to ceiling mirrors would now be considered ________blankto the real property

a fixture

Which of the following is an item that was originally a piece of personal property, but became part of the realty after it was permanently attached to the real property in question?

a fixture

Which of the following represents the right to go onto someone's land and take part of the land or a product of it away from the land?

a profit

An easement or profit is Blank______ when it runs with property adjacent to the property on which it exists.

appurtenant

Regarding condominium ownership, the architecture and use of common areas are regulated by a condominium Blank______, which has the power to levy Blank______ against the unit owners for maintenance of these areas.

association; assessments

Unfortunately the marriage of Minnie and Mickey did not last. The marital property that they once owned as tenants by the entirety now ________blank.

becomes a tenancy in common

Types of co-ownership of real property include tenancy in ______ , joint tenancy, and tenancy by the entirety.

common

Types of co-ownership of real property include tenancy in _________ , joint tenancy, and tenancy by the entirety.

common

The property owned by Margenthaler farms is taken by the city of Maroa against the protest of the Margenthaler family. This is known as ________blank.

condemnation

With a Blank______ estate, should a prohibited event occur or a required event fail to occur, the interest will be terminated.

conditional

The owner of a Blank______ estate possesses the same interest as the owner of a Blank______ absolute estate, but if a prohibited event occurs or a required event fails to occur, the interest will be terminated.

conditional; fee simple

A properly drafted deed must contain a legally sufficient Blank______ of the property, including its physical boundaries and any easements.

description

Which of the following refers to an item that was originally a piece of personal property, but became part of the realty after it was permanently attached to the real property in question?

fixture

Generally, if a seller of real property fails to disclose known defects to the buyer and the buyer discovers the defect only after the sales transaction has been completed, the buyer can sue the seller for: Blank______.

fraud or misrepresentation

A Blank______ interest in an estate is a present right to property ownership and possession in the future.

future

What kind of deed contains certain warranties or promises by the grantor?

general warranty

An easement is a(n) Blank______ right to use some part of another's land for a specific purpose without taking anything from it.

irrevocable

An easement or profit is appurtenant when: Blank______.

it runs with land adjacent to the property on which it exists

______ tenants all own equal shares of the property, and on the death of one, the property is divided equally among the surviving co-owners.

joint

Real property, commonly referred to as realty, is Blank______ and everything permanently attached to it.

land

A(n) ___________ interest is transferred by a contract known as a lease.

leasehold

Which of the following is not a nonpossessory estate?

leasehold

A leasehold gives the _____________ exclusive rights to the use and possession of the land, including the right to exclude the property owner under most circumstances, for the term specified by the lease.

lessee, tenant, lessees, or tenants

A(n) Blank______ is a temporary and revocable right to use another's property.

license

Omen allowed Jekel to be on his property in order to hunt. This is an example of a(n) ________blank.

license

Condemnation is the legal process by which a transfer of property is made against the protest of the: Blank______.

owner

The most common use of restrictive covenants today is in urban developments sometimes called: Blank______.

planned communities

The holder of a leasehold has a(n) Blank______, but not a(n) Blank______, interest.

possessory; ownership

Regarding realty, a profit affects someone's Blank______ property rights.

real

Which of the following is land and everything permanently attached to it?

real property

Today, most states require that the seller warn the buyer about any known defects that (1) the Blank______ buyer could not discover through a thorough examination of the property and (2) Blank______ affect the property's value.

reasonable; materially

Rights in which a person has the right to remove the underground materials from another person's property is known as ________blank rights.

subsurface

A Blank______ involves co-ownership by married couples.

tenancy by the entirety

A condominium interest gives the holder exclusive ownership rights of a unit within the condominium and a Blank______ with the other condominium owners over the land.

tenancy in common

If the life holder of a life estate neglects or abuses the property, or fails to make necessary repairs such that the property's value diminishes, the future holder can bring a legal action to recover damages for: Blank______.

waste