chapter 42 - adaptive test prep

When airplanes fly over your home, are your property rights violated? a. Yes, because you own all the air above your home, into outer space. b. Normally, no, based on your right to quiet use and enjoyment of the property. c. Normally, no, unless the flights are low and frequent. d. No, never.

Normally, no, unless the flights are low and frequent.

Taking private property for public use requires the payment of "just compensation." True False

True

A valid deed does not need to include which of the following? a. The name of the grantee (the donee or buyer) b. Words evidencing an intent to convey property c. A description of the town in which the property is located d. The grantor's signature

A description of the town in which the property is located

With respect to property law, which of the following would likely be classified as a fixture? a. A sofa b. A car c. A throw rug d. A furnace

A furnace

sally agrees to lease some property that she owns to the San Juan County Historical Society for a term of one year. In this situation, what type of tenancy exists? a. A tenancy at will b. A tenancy at sufferance c. A tenancy for years d. A periodic tenancy

A tenancy for years

Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm - implements, seed, and so on. The real property is owned by: a. Chita and Elvin. b. Chita only. c. Downwind Farm. d. Elvin only.

chita only

A document by which title to property (usually real property) is passed is called a: a. special warranty deed. b. none of these choices. c. warranty deed. d. deed.

deed

A nonpossessory right to use another's property in a manner established by either express or implied agreement is a(n): a. conveyance. b. life estate. c. profit. d. easement.

easement.

When the owner of one piece of land has the right to go onto an adjacent piece of land (without having the right to take anything from it), it is called an: a. conveyance. b. none of these choices. c. adverse possession. d. easement.

easement.

A landlord's act of depriving a tenant of possession of the leased premises is known as a(n): a. constructive eviction. b. none of these choices. c. eviction. d. implied eviction.

eviction

Kasper, the owner of Lakeview Farm, and Milt, the tenant of the farmhouse on the property, may create a tenancy for years by: a. implication. b. sufferance. c. express contract. d. deed.

express contract

A license is the conveyance of an interest in property that is not revocable. True False

false

A periodic tenancy is created when a landlord rents property to a tenant "for as long as both shall agree." True False

false

A profit is a right to make a profit from some part of land or some product of the land, and the right terminates once that profit is made. True False

false

A quitclaim deed warrants more than any other deed. True False

false

A tenancy at will is created by an express contract by which property is leased for a specified period of time. True False

false

A tenancy for years is created when a lease does not specify its duration. True False

false

A wall leaning onto a neighbor's land does not violate the property rights of the neighbor unless the wall is actually touching the neighbor's land. True False

false

Constructive eviction occurs when a tenant moves off the premises in retaliation against the landlord. True False

false

Eminent domain refers to the ultimate right of an owner in fee simple absolute to transfer the property by will to whomever he or she wishes. True False

false

Fixtures are not included in a sale of land, unless otherwise specified. True False

false

For a party to take by adverse possession, the party's possession must not be hostile to the true owner's rights. True False

false

Surface and subsurface rights cannot be separated. True False

false

The holder of a life estate has the right to use property for whatever purpose he or she sees fit without regard to the rights of a fee simple owner. True False

false

Under a quitclaim deed, a buyer promises to "quit" the property if the seller or any third party files a claim to it. True False

false

Beth owns a corporate office park in Ohio. Her ownership rights include the right to sell or give away the property without restriction, as well as the right to commit waste, if she chooses. Beth's ownership interest is: a. a life estate. b. the power of eminent domain. c. a leasehold estate. d. a fee simple absolute.

a fee simple absolute.

Rob deeds a plot of timberland to State University, which pays nothing to Rob for the property. Rob has given the university: a. a life estate. b. the power of eminent domain. c. a leasehold estate. d. a fee simple absolute.

a fee simple absolute.

A thing that was once personal property but has become attached to real property in such a way that it takes on the characteristics of real property and becomes part of that real property is referred to as: a. a fixture. b. none of these choices. c. real personalty. d. personal-real property.

a fixture

A landlord-tenant relationship is typically established by: a. a court declaration. b. adverse possession. c. a lease contract. d. word of mouth.

a lease contract

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: a. a life estate. b. an easement. c. a leasehold estate. d. a fee simple absolute.

a leasehold estate.

Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is: a. an easement. b. a profit. c. a license. d. a leasehold estate.

a license

Pete possesses a parcel of land. Pete has the right to use the property, including extracting gold from the land through an existing mine, for life. Pete also has the right to lease the land for a period not to exceed his life. This ownership interest is: a. a life estate. b. the power of eminent domain. c. a leasehold estate. d. a fee simple absolute.

a life estate.

Ann leases an apartment from Bob and agrees to make monthly rent payments on the first of every month. No definite lease term is specified in the lease agreement. This is: a. a fixed-term tenancy. b. a tenancy for years. c. a tenancy at sufferance. d. a periodic tenancy.

a periodic tenancy.

Timber Products Company (TPC) has a right to remove from the property of Union Lumber Company all of the sawdust that TPC can use. This right is: a. an easement. b. a profit. c. a license. d. a leasehold estate.

a profit

Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is: a. a special warranty deed. b. a warranty deed. c. a quitclaim deed. d. a grant deed.

a quitclaim deed

Oak Grove Residences, Inc., owns apartment buildings. Pedro leases one of Oak Grove's apartments. Pedro's transfer of his interest in the lease to Quito for a period shorter than the lease term is: a. a right of entry. b. a sublease. c. an eviction. d. an assignment.

a sublease

A contract in which a lessee transfers his or her rights under a lease to a third party for part of the lease term is known as: a. an assignment. b. a submission. c. a sublease. d. a substitution.

a sublease.

Greg has leased an apartment from Meredith for one year. Six months later, Greg wants to accept a job in another city, so he transfers his rights under the lease for the last six months of the lease term to Kevin. What is this transfer called? a. A sublease b. A submission c. An assignment of the lease d. A substitution

a sublease.

Residential Property Corporation (RPC) owns apartment buildings. Sue leases one of RPC's apartments. Sue's transfer of her interest in the lease to Tony for a period shorter than the lease term is: a. a right of entry. b. a sublease. c. an eviction. d. an assignment.

a sublease.

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: a. a tenancy at sufferance. b. a tenancy for years. c. a tenancy at will. d. a periodic tenancy.

a tenancy for years

A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is: a. a tenancy at will. b. a tenancy for years. c. a tenancy at sufferance. d. a periodic tenancy.

a tenancy for years.

Investment Properties Corporation conveys an office building to Jay with a deed that makes the greatest number of warranties and provides the most extensive protection against defects of title. This deed is: a. a special warranty deed. b. a warranty deed. c. a quitclaim deed. d. a grant deed.

a warranty deed.

An ownership interest in land that provides the owner the greatest possible aggregation of rights, privileges, and power is known as a: a. fee. b. none of these choices. c. fee simple. d. fee simple absolute.

fee simple absolute.

Mira owns a house in which there are cabinets and counters in the kitchen and bathroom. Mira sells the house to Neal under a contract that does not mention the fixtures. The sale: a. includes the fixtures, because of the sales contract. b. includes the fixtures, regardless of the sales contract. c. does not include the fixtures, regardless of the sales contract. d. does not include the fixtures, because of the sales contract.

includes the fixtures, because of the sales contract.

Financial Advisors, Inc., signs a lease for the first floor of an office building owned by Goodrich Investments, Inc. Unlike a licensee, Financial Advisors: a. is not entitled to the qualified exclusive use of the property. b. must pay for the right to use the property. c. is entitled to the qualified exclusive use of the property. d. is prohibited from paying to use the property.

is entitled to the qualified exclusive use of the property.

Ali rents an apartment from Best Home Properties. The apartment is destroyed in a fire that is not the fault of either party. For the rest of the lease term, Ali: a. must continue to pay the rent, in a reduced amount. b. must continue to pay the rent, in the full amount. c. is no longer obligated to pay any of the rent. d. is entitled to payment of the amount of the rent from Best Home.

is no longer obligated to pay any of the rent

Angela just signed a one year apartment lease. Now, she has an estate in real property called a: a. leasehold estate. b. none of these choices. c. fee simple lease. d. freehold estate.

leasehold estate.

The property owner who leases an apartment to another person is known as the: a. tenant. b. debtor. c. lessee. d. lessor.

lessor

When an interest in land exists only for the duration of the life of some person, usually the holder of the estate is called a: a. holder's estate. b. none of these choices. c. life estate. d. generation estate.

life estate

In the context of real property, an interest in land that does not include any right to possess the property is a: a. profit. b. fee simple. c. quasi possessory interest. d. nonpossessory interest.

nonpossessory interest.

The acquisition of title to real property by occupying it openly, without the consent of the owner, for a period of time specified by a state statute is: a. adverse possession. b. none of these choices. c. open possession. d. closed possession.

adverse possession.

Real property consists of: a. plants. b. all of these choices. c. buildings. d. land.

all of these choices

land includes: a. all the waters contained on or under the surface. b. all of these choices. c. the natural or artificial structures that are attached to the soil. d. the soil on the surface of the earth.

all of these choices

A lease should: indicate the amount of rent and how and when a. it is to be paid. b. all of these choices. c. indicate the length of the term. d. describe the property.

all of these choices.

Hobby Farms, Inc., owns rural property that it leases to various tenants, including Ira. Ira's transfer of his entire interest in the leased property to a Jason is: a. a right of entry. b. a sublease. c. an eviction. d. an assignment.

an assignment.

A fee simple absolute is: a. an ownership interest that can be taken away upon the occurrence or nonoccurrence of a specified event. b. an ownership interest in land in which the owner has the greatest possible aggregation of rights and privileges. c. a future nonpossessory interest in real property. d. an interest in land that exists only for the life of a person.

an ownership interest in land in which the owner has the greatest possible aggregation of rights and privileges.

The difference between a profit in gross and a profit appurtenant is that: a. one is the right to go onto (or remove things from) adjacent land, and the other is a right to do so on nonadjacent land. b. one involves the use of a quitclaim deed while the other does not. c. one belongs to a grantor and the other to the grantee. d. one is a future interest and one is a present interest in land.

one is the right to go onto (or remove things from) adjacent land, and the other is a right to do so on nonadjacent land.

under the common law, to terminate a periodic tenancy, the landlord or tenant must give at least: a. one period's notice to the other party. b. one day's notice to the other party. c. one year's notice to the other party. d. one month's notice to the other party.

one period's notice to the other party.

A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year is a: a. tenancy at will. b. tenancy at sufferance. c. periodic tenancy. d. fixed-term tenancy.

periodic tenancy.

In real property law, the right to enter onto and remove things from the property of another is a(n): a. conveyance. b. life estate. c. profit. d. easement.

profit

The purpose of a recording statute is to: a. limit the use of wills to transfer property. b. regulate land use within suburban locations. c. promote the use of adverse possession. d. provide public notice of claims against property.

provide public notice of claims against property.

Plant life, both natural and cultivated, is also considered to be: a. real property. b. natural property. c. personalty. d. personal property.

real property

A two-hundred-year-old oak tree located on a piece of property is considered to be: a. personal property. b. an appurtenance to real property. c. chattel. d. real property.

real property.

Statutes that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property are: a. recording statutes. b. none of these choices. c. real property statutes. d. realty statutes.

recording statutes.

A lease executed by the lessee of real estate to a third person, conveying the same interest that the lessee enjoys but for a shorter term than that held by the lessee, is a: a .quitclaim lease. b. fixed-term tenancy. c. leasehold estate. d. sublease.

sublease

A lease executed by the lessee of real estate to a third person, conveying the same interest that the lessee enjoys but for a shorter term than that held by the lessee, is a: a. quitclaim lease. b. fixed-term tenancy. c. leasehold estate. d. sublease.

sublease

A type of tenancy under which a tenant who, after rightfully being in possession of leased premises, continues (wrongfully) to occupy the property after the lease has terminated is a: a. periodic tenancy. b. fixed-term tenancy. c. tenancy at sufferance. d. tenancy at will.

tenancy at sufferance.

Dwelling Investment Corporation owns several apartment buildings in two states. Regarding standards for the maintenance of the buildings, Dwelling should consult: a. the appropriate state statutes only. b. the Uniform Landlords' Maintenance Manual. c. the appropriate city statutes only. d. the appropriate city ordinances and state statutes.

the appropriate city ordinances and state statutes.

Normally, a landowner has a right to everything existing permanently below the surface of his or her property to: a. 100 feet below the surface. b. 500 feet below the surface. c. 25 feet below the surface. d. the center of the earth.

the center of the earth.

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: a. the crops only. b. the trees only. c. the crops and the trees. d. neither the crops nor the trees.

the crops and the trees

Beth rents a basement apartment from Carl. Carl refuses to reseal the walls, and the basement floods every time it rains. Carl has breached: a. the implied warranty of habitability. b. the warranty against waste. c. the covenant of quiet enjoyment. d. nothing.

the implied warranty of habitability.

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: a. the soil only. b. the structures and the soil only. c. the pond and the soil only. d. the pond, the soil, and the structures.

the pond, the soil, and the structures.

Bay City wants to acquire undeveloped land within the city limits to convert into a public park. Bay City brings a judicial proceeding to obtain title to the land. This is: a. constructive eviction. b. the power of eminent domain. c. an easement. d. adverse possession.

the power of eminent domain.

A fixed-term tenancy terminates at the end of the specified period without notice. True False

true

A fixed-term tenancy terminates automatically when its terms ends. True False

true

A right to go onto land in the possession of another and take away some product of the land is a profit. True False

true

Adverse possession is a means of obtaining title to property without the delivery of a deed. True False

true

An easement can be created by implication. True False

true

Easements can be created by necessity. True False

true

Even after a tenant assigns a lease, the tenant may be obligated to pay rent. True False

true

Flights over private land normally do not violate the property owners' rights. True False

true

Generally, contract doctrines apply to a landlord-tenant relationship. True False

true

Generally, if an owner intends something to be a fixture, it is a fixture. True False

true

Land includes all of the waters on or under its surface. True False

true

Local governments control some aspects of the environment. True False

true

Personal property may become real property by attaching it to real property. True False

true

Real property includes land and everything permanently attached to it. True False

true

The Constitution limits a government's exercise of its power of eminent domain. True False

true

The rights that accompany a fee simple absolute include the right to use the land for whatever purpose the owner sees fit. True False

true

To transfer the title to real property, a deed must be signed and delivered. True False

true

A deed in which the grantor assures the grantee that the grantor has title to the property conveyed in the deed, that there are no encumbrances on the property other than what the grantor has represented, and that the grantee will enjoy quiet possession of the property is called a: a. special warranty deed. b. none of these choices. c. warranty deed. d. deed.

warranty deed

The type of deed that provides a buyer with the greatest legal protection is a: a. quitclaim deed. b. special warranty deed. c. warranty deed. d. grant deed.

warranty deed

If Betty gives her friend Roger the right to walk his Irish wolfhound across her property to the beach, what kind of property right does Roger acquire? a. A profit b. An easement c. A possessory interest d. A life estate

An easement

Under what conditions may the U.S. government take your land? a. Whenever it pays fair market value for the land b. For a public purpose, with just compensation and the landowner's consent c. For a public purpose and with just compensation d. For a private purpose and with just compensation

For a public purpose and with just compensation