Blaw Chapter 8

The right of possession of the property and the right to exclude others from the use of the property are two examples of rights normally possessed by: (A) the government (B) the state legislature (C) the holder of title to the property (D) the holder of deed to the property (E) none of the other choices are correct

(C) the holder of title to the property

A negative easement is one under which the estate owner: (A) gives up a right he would normally have (B) does not give up any rights (C) gives all property rights to the easement holder (D) gives up all rights to natural resources on the estate (E) none of the other choices are correct

(A) gives up a right he would normally have

Leased property is assumed at law to have: (A) an implicit warranty of livelihood (B) an implied warranty of habitability (C) all taxes paid (D) luxurious furnishings (E) none of the other choices are correct

(B) an implied warranty of habitability

In general, leases should include which of the following: (A) the average taxes due on the property each year (B) the name of the original owner of the property (C) the identities of the parties involved (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C) the identities of the parties involved

One who possesses lands by any right or title is referred to as a: (A) holder (B) possessor (C) tenant (D) private property owner (E) none of the other choices are correct

(C) tenant

If the government forces you to sell 10 acres of your land to the Park Service, the Constitution requires that: (A) you pay the government (B) you continue to pay taxes on the land (C) the government pay you "fair market value" for the land (D) the government re-convey the title to the land to your heirs once it is done using it (E) none of these

(C) the government pay you "fair market value" for the land

Which of the following is a servitude: (A) a covenant (B) an allotment (C) a life estate (D) all of the other specific choices are correct (E) none of the other specific choices are

(A) a covenant

A quitclaim deed is: (A) a deed of conveyance that passes whatever interests the grantor had in the property (B) a deed that promises that a good, clear title to the property is being conveyed by the grantor (C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A) a deed of conveyance that passes whatever interests the grantor had in the property

Positive easements: (A) allow the easement holder to go on the estate for certain purposes (B) do not allow the easement holder to physically go on the estate (C) prevent the landowner from using the estate in the same way as the easement holder (D) are issued by the state supreme court (E) none of the other choices are correct

(A) allow the easement holder to go on the estate for certain purposes

A covenant is: (A) an agreement attached to a piece of land that "runs" with the land (B) an agreement attached to a moveable piece of property that can only be undone by a state supreme court (C) an unwritten promise between landowners (D) the first step in bringing a property suit to court (E) none of the other choices are correct

(A) an agreement attached to a piece of land that "runs" with the land

Cary allows Kail to ride his horse on trails located on Cary's 800-acre ranch, whenever he wants, for $1,000. This arrangement is generally known as: (A) an easement (B) a covenant (C) a deed (D) a seisin (E) a remainder

(A) an easement

The right of utility companies to run power lines over land and put water lines under private property is based on: (A) an easement (B) a covenant (C) a deed (D) a seisin (E) a remainder

(A) an easement

Which of the following is a servitude: (A) an easement (B) an allotment (C) a life estate (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A) an easement

Deeds: (A) are in writing (B) are written or oral (C) are legal only in certain states (D) can only be used when the property being transferred is worth more than $10,000 (E) none of the other choices are correct

(A) are in writing

Commercial leases, compared to residential leases, tend to: (A) be much longer (B) be more controlled by state statute (C) require the landlord to provide most interior furnishings (D) be more likely to be of short duration (E) all of the other choices

(A) be much longer

The trustee of a property in a trust has a duty to manage the property for the: (A) beneficiary (B) owner (C) leader (D) heir (E) executive

(A) beneficiary

Title insurance may not protect against: (A) claims against the property that were not known in the public records at the time the title search was done (B) claims against the property that were known in the public records at the time the title search was done (C) claims against the property that were not known in the public records until the title search was done (D) claims against the property made by a third party (E) none of the other choices are correct

(A) claims against the property that were not known in the public records at the time the title search was done

____ is often used to make arrangements with others about the use of property. (A) contract law (B) tort law (C) real law (D) felony law (E) none of the other choices are correct

(A) contract law

In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet, brick construction, with no dog houses. These terms are: (A) covenants (B) easements (C) profits (D) leases (E) deeds

(A) covenants

A trust is a: (A) form of property ownership created by the common law that separates the legal and beneficial ownership of property (B) form of property ownership created by the tort law that separates the legal and beneficial ownership of property (C) form of property ownership created by the common law that combines the legal and beneficial ownership of property (D) form of property ownership created by the common law that prevents people from stealing inheritance money from their co-inheritors (E) none of the other choices are correct

(A) form of property ownership created by the common law that separates the legal and beneficial ownership of property

A hostile user is someone who: (A) has no right to occupy or use an estate and does so without permission (B) has limited rights to occupy or use an estate (C) has unlimited rights to occupy or use an estate, but exercises his rights in an antagonistic way (D) was granted rights to use an estate by a previous estate owner (E) none of the other choices are correct

(A) has no right to occupy or use an estate and does so without permission

In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a the commercial space before it even moved in, the unclear terms of the lease led to the courts: (A) holding the lease to be unenforceable (B) holding the lease to be legal and binding (C) requiring Neilson to pay damages for breach of contract (D) requiring Gold's Gym to pay damages for breach of contract (E) none of the other choices are correct

(A) holding the lease to be unenforceable

Unlike in the United States, property ownership in many poor nations is: (A) informal and insecure (B) well-defined (C) carefully controlled by the government (D) based on the early English system of property rights (E) none of the other choices are correct

(A) informal and insecure

Real property differs from personal property in that real property: (A) is immovable while personal property is movable (B) is movable while personal property is immovable (C) is worth more than personal property (D) can be sold while personal property cannot be sold (E) can be taxed while personal property cannot be taxed

(A) is immovable while personal property is movable

Business trusts provide some security in case of bankruptcy by: (A) legally separating the trust from the business that is the beneficiary of its assets (B) legally combining the trust and the business that is the beneficiary of its assets (C) making it illegal to sue the business (D) making it illegal to sue the trust (E) none of the other choices are correct

(A) legally separating the trust from the business that is the beneficiary of its assets

If one has the right to occupy a piece of property until their death, at which point title to the property passes to heirs who have been named by the owner of the property, there is a: (A) life estate (B) joint tenancy (C) tenancy in common (D) residual interest (E) none of the other choices

(A) life estate

Which of the following is an intentional tort against real property: (A) nuisance (B) battery (C) malicious prosecution (D) invasion of privacy (E) none of the other choices

(A) nuisance

Chattel is the traditional term for: (A) personal property (B) real property (C) false property (D) livestock (E) patents

(A) personal property

It is presumed at law that landlords: (A) protect tenants from known hazards (B) have no responsibility to tenants (C) protect tenants from all unforeseeable accidents (D) get along with their tenants (E) none of the other choices are correct

(A) protect tenants from known hazards

In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held that: (A) restrictive covenants did not establish easements for the lot owners (B) restrictive covenants established the right of lot owners to use the trails (C) easements that ran with the land attach to property that is "commonly attached" which includes the road and trails (D) restrictive covenants have no true legal power in Montana (E) none of the other choices are correct

(A) restrictive covenants did not establish easements for the lot owners

A landlord rented space to a furniture store that would provide a good business environment. The landlord rented the next space to an exercise studio. The studio was very noisy, causing the furniture store to lose business. The store owner complained to the landlord, who would do nothing. The store owner broke the lease before it was up and was sued by the landlord. The court would be likely to hold that: (A) the furniture store owner suffered constructive eviction (B) the furniture store owner owed the landlord damages for early termination (C) the landlord owed the furniture store owner no duties to quite the studio (D) the landlord breached his duty of payment (E) none of the other choices

(A) the furniture store owner suffered constructive eviction

A leasehold is: (A) the interest a person holds in rented property (B) the person who leases a piece of property to another person (C) the person who holds a lease on a piece of property (D) the legal document that details the terms of a lease (E) none of the other choices are correct

(A) the interest a person holds in rented property

One of the hindrances to economic progress in poor countries may be: (A) the lack of secure property rights (B) the presence of secure property rights (C) the lack of tort law (D) the presence of an overly strict tort law (E) the inability to establish trusts

(A) the lack of secure property rights

A deed is: (A) the primary way to transfer ownership interests (title) in property (B) the means by which the owner of property has legal possession of the property (C) the means by which an owner of property sues when someone violates his property rights (D) the cheapest way to file taxes on piece of property (E) none of the other choices are correct

(A) the primary way to transfer ownership interests (title) in property

A life estate grants a person: (A) the right to be a tenant for life (B) the right to be a tenant for up to 60 years (C) the right to be a tenant until retirement (D) exemption from property taxes (E) none of the other choices are correct

(A) the right to be a tenant for life

Property interests are people's right: (A) to deny others the use of "things" in which there is a legal interest (B) to obtain property by the claimant process (C) to sell property "without preconditions" (D) to advertise property (E) none of the other choices are correct

(A) to deny others the use of "things" in which there is a legal interest

Anna transfers, to her mother Mildred, the right to use Anna's second home so long as Mildred is alive. This is known as: (A) a fee simple (B) a fee absolute (C) a life estate (D) a tenancy (E) a lease

(C) a life estate

A joint tenancy is one in which: (A) two or more persons have equal interests in the property with rights of joint survivorship (B) two or more persons have equal interests in the property with no right of survivorship (C) one person owns all the interests in the property, but two people will inherit equal shares when the current tenant dies (D) one person owns all the interests in the property and has designated who will inherit it when the current tenant dies (E) none of the other choices are correct

(A) two or more persons have equal interests in the property with rights of joint survivorship

A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title is a(n): (A) warranty deed (B) special warranty deed (C) surface deed (D) assurance deed (E) quitclaim deed

(A) warranty deed

The ____ requires that governments must pay compensation when taking private land without the landowner's consent. (A) Bill of Rights (B) Fifth Amendment of the Constitution (C) First Amendment of the Constitution (D) Third Amendment of the Constitution (E) Supreme Court

(B) Fifth Amendment of the Constitution

An easement is generally described as: (A) a right to use intellectual property (B) a burden on another person's estate (C) a future interest in personal property (D) a negative interest in personal property (E) a conversionary right to personal property

(B) a burden on another person's estate

Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is: (A) an easement (B) a covenant (C) a coven (D) a seisin (E) a remainder

(B) a covenant

A warranty deed is: (A) a deed of conveyance that passes whatever interests the grantor had in the property (B) a deed that promises that a good, clear title to the property is being conveyed by the grantor (C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(B) a deed that promises that a good, clear title to the property is being conveyed by the grantor

The purchase of property by two or more persons who have the same interest in the undivided possession of the property and has a right of survivorship is: (A) a life estate (B) a joint tenancy (C) a tenancy in common (D) a fee common (E) none of the other choices

(B) a joint tenancy

If you rent an apartment, the apartment is known as: (A) a renthold (B) a leasehold (C) a lease in absentia (D) a defeasement (E) a retainer

(B) a leasehold

Which of the following is not a servitude: (A) an easement (B) a life estate (C) a covenant (D) a profit (E) all of the other choices are servitudes Answer : (B)

(B) a life estate

An easement is: (A) a legal document that makes it easier to determine taxes for a property (B) a right to enter land owned by another and make certain use of it (C) the ownership or right of possession of an estate (D) a legal provision that allows a person to become a tenant for life (E) none of the other choices are correct

(B) a right to enter land owned by another and make certain use of it

In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for the right of access to his house, the courts held that Sims had a prescriptive easement. That is a form of: (A) fraud (B) adverse possession (C) tenancy in common (D) life estate (E) quitclaim deed

(B) adverse possession

Title insurance: (A) does not bind the title company to insure that the title is as declared in the conveyance from the grantor to the grantee (B) binds the title company to insure that the title is as declared in the conveyance from the grantor to the grantee (C) binds the seller to the agreed to price of the property (D) prevents the buyer from changing the terms of the transaction at the last minute (E) none of the other choices are correct

(B) binds the title company to insure that the title is as declared in the conveyance from the grantor to the grantee

If there are "defects" found in a title during a title search the title is said to be: (A) misty (B) clouded (C) misunderstood (D) misrepresented (E) opaque

(B) clouded

Zoning laws are typically not used to: (A) control the quality of construction (B) control kinds of speech (C) decide what kinds of buildings may be built where (D) provide green zones (E) all of the other choices are common to zoning

(B) control kinds of speech

Which of the following is an intentional tort against property: (A) defamation (B) conversion (C) malicious prosecution (D) invasion of privacy (E) none of the other choices

(B) conversion

A binding obligation that goes with property when it is transferred to a new owner, who must abide by the obligation, is called a: (A) lien (B) covenant (C) mortgage (D) possessory (E) none of the other choices are correct

(B) covenant

A means by which owners of estates in land can make agreements that bind their successors is called a: (A) lien (B) covenant (C) mortgage (D) possessory (E) none of the other choices are correct

(B) covenant

The power to take private property for public use without consent of the owner is: (A) privity (B) eminent domain (C) caveat emptor (D) easement publica (E) Lanham Act action

(B) eminent domain

The most common form of real property ownership is: (A) fee defeasible (B) fee simple (C) life estate (D) tenancy for years (E) covenant

(B) fee simple

A "grey shell" building is: (A) one with full furnishing (B) one without interior finish (C) one with minimal interior finish (D) one that is not completely constructed (E) one that has illegal activity occurring in it

(B) one without interior finish

Which of the following is not a condition to establish adverse possession: (A) open possession (B) periodic possession (C) actual possession (D) exclusive possession (E) hostile possession

(B) periodic possession

A condominium is: (A) property often held in a fee defeasible (B) property often held in a fee simple (C) property that is often held in common with a group of other owners (D) property that must be restricted by negative easements (E) none of the other choices

(B) property often held in a fee simple

Unlike in most countries, subsurface mineral rights in the United States often belong to: (A) the government (B) the landowner (C) the county (D) private mining companies (E) government mining companies

(B) the landowner

Property is: (A) something inherited from an ancestor (B) the legally protected expectation of being able to use a thing for one's advantage (C) always a physical object that can be sold or given to another person (D) never a physical object (E) something universally recognized as subject to unrestricted trading

(B) the legally protected expectation of being able to use a thing for one's advantage

The formal right of ownership of property is: (A) the deed (B) the title (C) the documentation (D) the mortgage (E) none of the other choices are correct

(B) the title

____ is often used to protect interests in property. (A) agency law (B) tort law (C) real law (D) felony law (E) none of the other choices are correct

(B) tort law

A tenancy in common is one in which: (A) two or more persons have equal interests in the property with rights of joint survivorship (B) two or more persons have equal interests in the property with no right of survivorship (C) one person owns all the interests in the property, but two people will inherit equal shares when the current tenant dies (D) one person owns all the interests in the property and the government will inherit it when the current tenant dies (E) none of the other choices are correct

(B) two or more persons have equal interests in the property with no right of survivorship

In general, leases should include which of the following: (A) the average taxes due on the property each year (B) the name of the original owner of the property (C) a description of the premises being leased (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C) a description of the premises being leased

The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinite time is: (A) deed (B) title (C) a fee simple (D) life estate (E) leasehold

(C) a fee simple

The most common way in which to transfer ownership interests in property is through: (A) a devise (B) a will (C) a deed (D) easements appurtenant (E) tenancies in common

(C) a deed

A special warranty deed is: (A) a deed of conveyance that passes whatever interests the grantor had in the property (B) a deed that promises that a good, clear title to the property is being conveyed by the grantor (C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor

Title recordings provide: (A) a detailed evaluation of the value of a piece of property (B) a list of all expenses associated with a piece of property (C) a public record of who owns what and of limitations or claims on titles (D) a private record of who owns what and of limitations or claims on titles (E) none of the other choices are correct

(C) a public record of who owns what and of limitations or claims on titles

The ownership of property by two or more persons who have an undivided interest in the property but has no right of survivorship is: (A) a life estate (B) a joint tenancy (C) a tenancy in common (D) a fee common (E) none of the other choices

(C) a tenancy in common

When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as: (A) a misdemeanor (B) a contractual wrong (C) a tort against property (D) a libel against the person (E) none of the other choices

(C) a tort against property

RDNT runs an assisted care living facility for elderly and disabled persons. It applied to the city of Bloomington, Minnesota, to expand the number of units at the facility. That would increase the number of personnel at the facility by eight percent. Some neighbors objected to the expansion, contending traffic would be too heavy because of the additional staff at the facility. The zoning board and the city council denied the construction permit. The Minnesota high court held that the city: (A) acted improperly because an eight percent increase in personnel would have a minimal impact on traffic. (B) acted improperly because medical facilities are not subject to the same standards as nonmedical facilities. (C) acted properly to protect public health or safety. (D) acted properly as the neighborhood already contained a large number of elderly and disabled persons. (E) none of the other choices are correct

(C) acted properly to protect public health or safety.

David puts his 5,000 acre ranch in a trust for his daughter Carol and names Andy as trustee. If Andy then sells the ranch and uses the money to fund his gambling habit Carol can sue Andy for: (A) failure to maintain Carol's interests (B) Carol has no grounds to sue Andy (C) breach of duty as trustee (D) breach of duty as owner (E) none of the other choices are correct

(C) breach of duty as trustee

____ are often used in place of a partnership or corporation. (A) private trusts (B) tax-avoidance trusts (C) business trusts (D) ultimate trusts (E) corporation trusts

(C) business trusts

Traditionally, personal property was referred to as: (A) property in rem (B) quasi in rem property (C) chattel (D) aggregate property (E) none of the other choices

(C) chattel

A(n) ____ is "an interest in land which (a) is or may become possessory and (b) is ownership measured in terms of duration." (A) deed (B) property (C) estate (D) holding (E) none of the other choices are correct

(C) estate

Governments must pay just compensation when exercising the right of eminent domain. Just compensation is usually the: (A) highest price the government can afford (B) price the landowner demands (C) fair market value (D) cash market value (E) bond market value

(C) fair market value

In general, leases should include which of the following: (A) the average taxes due on the property each year (B) the name of the original owner of the property (C) how long the lease will be in effect (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C) how long the lease will be in effect

A covenant that is attached to all houses in a neighborhood built in the 1950s states that the houses may not be sold to "members of any minority race." This covenant is: (A) enforceable since it was voluntarily agreed to by the buyers and sellers (B) not favored by public policy and so will expire when the houses are torn down (C) in violation of public policy and so not enforceable (D) in violation of public policy and, under federal law, requires home owners to pay $1,000 a year fines until removed (E) none of the other choices

(C) in violation of public policy and so not enforceable

Subsurface mineral rights: (A) must transfer in fee simple with deeds to land (B) must transfer in fee simple with title to land (C) may be legally separated from surface ownership (D) are owned by the government (E) are owned by the people in common

(C) may be legally separated from surface ownership

A "vanilla shell" building is: (A) one with full furnishing (B) one without interior finish (C) one with four finished walls, heating and cooling, a restroom and suspended ceiling (D) one that is not completely constructed (E) one that has illegal activity occurring in it

(C) one with four finished walls, heating and cooling, a restroom and suspended ceiling

When a local government regulates the way in which homeowners may use their land, this is an exercise of the government's: (A) fiduciary powers (B) obligatory powers (C) police powers (D) derivative powers (E) olfactory powers

(C) police powers

Which of the following is an example of something regulated by a zoning rule: (A) ethnicity of people in a neighborhood (B) tax burdens (C) population density (D) none of the other specific choices are correct (E) all of the other specific choices are correct

(C) population density

At law, the word tenancy generally refers to: (A) leases of real property from another for a fixed period of time (B) leases of real property from another for an indefinite period of time (C) possession of lands by any right or title (D) clear ownership of land, either individually or jointly (E) none of the other choices

(C) possession of lands by any right or title

Which of the following are forms of deeds used in at least some states: (A) assurance deeds (B) surface deeds (C) quitclaim deeds (D) interests deeds (E) all of the other choices

(C) quitclaim deeds

Land, since it is immovable, is an example of: (A) fake property (B) intangible property (C) real property (D) personal property (E) none of the other choices are correct

(C) real property

Limitations or requirements about the use of property are called: (A) life estates (B) deeds (C) servitudes (D) possessories (E) profits

(C) servitudes

During the term of the lease the ____ has the right of possession of the property. (A) landlord (B) leasehold (C) tenant (D) court (E) none of the other choices are correct

(C) tenant

In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held that: (A) Hollinger granted the lot owners an easement as part of the sale of the land, which included use of the road and trails leading from the road (B) Hollinger could not block access to the trails without permission of the lot owners because they had used the trails for so many years (C) the lot owners had no easement that allowed use of the trails as they were on private property (D) the lot owners could establish easements by adverse possession to use the trail if they showed open use of the trails for at least seven years (E) none of the other choices

(C) the lot owners had no easement that allowed use of the trails as they were on private property

A local government's police power is: (A) the power to arrest disturbers of the peace (B) the power to arrest people engaged or suspected of engaging in illegal activities (C) the power to regulate behavior to protect or promote the general welfare (D) the power to seize land without paying for it (E) the power to seize land for law enforcement agencies

(C) the power to regulate behavior to protect or promote the general welfare

Real property includes: (A) furniture (B) trucks (C) trees (D) patents (E) all of the other choices

(C) trees

The person who holds the legal title to a property in a trust is known as the: (A) leader (B) executive (C) trustee (D) majordomo (E) magnate

(C) trustee

The destruction of property by a tenant is called: (A) abuse (B) domain (C) waste (D) seizin (E) none of the other choices

(C) waste

Since the 1920s the primary method of local land control has been: (A) easements (B) eminent domain (C) zoning (D) taxation (E) tort suits

(C) zoning

Property law in the United States has developed from: (A) the Norman law of the fifth century (B) the Roman Justinian Code (C) the Jus Civile (D) English common law from centuries ago (E) the Jus Gentium

(D) English common law from centuries ago

In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) an easement cannot be created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims did not have an easement, but Moran could not block Sims from driving to get to his property, so he had an equitable right to access his property (E) none of the other choices

(D) Sims did not have an easement, but Moran could not block Sims from driving to get to his property, so he had an equitable right to access his property

In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) an easement cannot be created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims had a claim of ownership since he had purchased gravel for the driveway

(D) Sims had a claim of ownership since he had purchased gravel for the driveway

In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) a prescriptive easement was created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims had a prescriptive easement due to long access to the property (E) none of the other choices

(D) Sims had a prescriptive easement due to long access to the property

The right to remove valuable minerals or oil from the land of another is called: (A) a covenant (B) a fee absolute (C) a possession (D) a profit (E) none of the other choices

(D) a profit

A hostile user of another person's land may come to own the property or an easement through: (A) hostile possession (B) land use possession (C) regular use clauses (D) adverse possession (E) none of the other choices are correct

(D) adverse possession

A lease is a(n): (A) payment for use of an estate (B) unwritten, informal agreement concerning use of a piece of property (C) agreement between a landlord and the court system (D) agreement that creates a leasehold out of an estate and contains conditions (E) none of the other choices are correct

(D) agreement that creates a leasehold out of an estate and contains conditions

Which of the following is an example of personal property: (A) patents (B) land (C) buildings (D) furniture (E) none of the other choices are correct

(D) furniture

When commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is referred to as: (A) total rent (B) complete rent (C) net rent (D) gross rent (E) none of the other choices are correct

(D) gross rent

According to the Supreme Court, if a government regulation reduces the value of property, it must compensate the landowner for the loss in value if the loss: (A) is greater than about ten percent (B) is greater than about twenty-five percent (C) is greater than about fifty percent (D) is close to the entire value of the property (E) none of the other choices; it must pay compensation for any decline in value

(D) is close to the entire value of the property

Unlike real property, personal property: (A) is immovable (B) is taxable (C) is not taxable (D) is movable (E) is valueless

(D) is movable

Once an easement is granted: (A) it is only valid as long as the estate holder to granted it is in possession of the estate (B) it is only valid as long as the estate holder to granted it is alive (C) it is only valid as long as the original easement holder is alive (D) it may not be interfered with by the property owner unless the easement holder agrees (E) none of the other choices are correct

(D) it may not be interfered with by the property owner unless the easement holder agrees

Furniture, since it is movable, is an example of: (A) fake property (B) intangible property (C) real property (D) personal property (E) none of the other choices are correct

(D) personal property

Among the rights and duties of a landlord are: (A) the right to constructively evict (B) the duty to pay in a timely manner (C) the right to inspect the property at any time (D) the duty to make essential repairs (E) none of the other choices

(D) the duty to make essential repairs

The title to property is: (A) another word for a covenant (B) a right to use some land some time, for a limited purpose (C) non-transferable (D) the formal right of ownership (E) the government's right to restrict use of privately held land

(D) the formal right of ownership

The right of the government to conduct eminent domain actions comes from: (A) Executive Power (B) federal statutes (C) state statutes (D) the sovereign nature of the government (E) the rules of the Federal Register

(D) the sovereign nature of the government

In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a the commercial space before it even moved in, the courts held that: (A) the lease was valid; Gold's was liable for damages for breach (B) the lease was valid but the landlord breached by failing to finish the building properly (C) the lease was invalid because several key provisions conflicted with state law regarding proper construction (D) there was no lease because the terms were unclear (E) none of the other choices

(D) there was no lease because the terms were unclear

Which of the following conditions must be met in order for someone to claim land by adverse possession? The adverse user: (A) has occasional exclusive control of the land (B) shares the land with others (C) has the real owner's permission to be there (D) uses the land in a visible manner (E) uses the land secretly

(D) uses the land in a visible manner

Eminent domain means: (A) the government must build housing for the poor (B) the use of property is controlled by zoning (C) owners of other property make a legal claim against public land (D) land is registered to its private owner (E) the government may force the sale of private property

(E) the government may force the sale of private property

The ____, which comes from receipt of a valid deed, is the means by which the owner of property has legal possession of it. (A) estate (B) covenant (C) servitude (D) leasehold (E) title

(E) title

A clear title means that: (A) a third party may claim valid ownership of the property (B) only the government may claim valid ownership of the property (C) there are no taxes due on the property (D) no other person can claim valid ownership of the property (E) none of the other choices are correct

no other person can claim valid ownership of the property