Real Estate & Property Law Final T/F
"To A for the life of B" creates a life estate in B.
False
A life estate can be transferred by will.
False
A private nuisance is not actionable (the affected party cannot successfully sue).
False
A solar easement is an example of an affirmative easement.
False
A tenancy for years is properly terminated with one rental period's notice.
False
Air rights and subsurface rights cannot be conveyed independently.
False
An easement by prescription is really just a license.
False
An easement created by prescription does not pass with title to the land.
False
An executory interest is a future interest in the grantor.
False
Baselines are placed every 24 miles.
False
Because a landowner owns the airspace above the land, air travel through that airspace is prohibited.
False
Both air lots and column lots must be owned together (held by one owner).
False
For purposes of an implied easement, apparent use means visible use
False
Landowners are not responsible for injuries to others on their property.
False
Most states have a presumption favoring a fee simple determinable language construction.
False
Oral evidence can be used to clarify a patent ambiguity.
False
Prime meridians are placed every 24 miles.
False
Sections are numbered according to their distance from the guide meridians.
False
The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution requires the federal government to apply laws equally to all citizens so they all have the same opportunities for land ownership.
False
The Internal Revenue Code is part of the Code of Federal Regulations.
False
The Prior Appropriation Theory requires the rights of all appropriators to be equal.
False
The Rule of Capture protects landowners drilling from their property at an angle to another landowners, property.
False
The possibility of reverter requires some action on the part of the grantor to become a present interest
False
The scope of an express easement cannot be expanded.
False
A conservation easement is a negative easement
True
A life estate plus a remainder equals a fee simple.
True
A plat map must be recorded.
True
A plat map shows the dimensions of lots.
True
A plat map shows the location of all easements.
True
A public nuisance is one affecting an indeterminate number of people.
True
An easement by necessity terminates when the necessity terminates.
True
An implied easement requires proof that a quasi easement existed prior to division of the tract.
True
Both the possibility of reverter and right of entry can be transferred inter vivos.
True
Case precedent is reviewed even when case facts are not identical.
True
HUD is an example of a federal agency charged with enforcing a federal legislative enactment.
True
If a contingent remainder fails, the grantor holds a reversion.
True
Judicial decisions make up part of the common law.
True
Judicial interpretations of statutes are as much the law as the statutes themselves.
True
Landlord/tenant statutes are part of state statutes.
True
The Fourth Amendment provides privacy protections for property owners.
True
The SE-1/4 of the NE-1/4 has 40 acres.
True
The common law of the United States originated in England.
True
There are 640 acres in a section.
True
Uniform laws such as the Uniform Partnership Act are part of state legislative codes.
True
Violation of a restriction in a fee simple determinable results in an automatic loss of interest.
True
Water running from one landowner's property to another causing flooding is a trespass.
True
