Question 1

Rolling Stock Company has used a strip of Storage Warehouse Corporation's land,which adjoins its property,as a right-of-way for years.The use has been apparent,without Storage's permission,for a period time equal to the applicable statute of limitations.Rolling's use has created
A)an easement.
B)a profit.
C)a tenancy at sufferance.
D)a license.

Accepted Answer

Rolling Stock Company has been using Storage Warehouse Corporation's land as a right-of-way without permission for a period of time equal to the applicable statute of limitations. This meets the requirements for adverse possession, which can create an easement. Adverse possession occurs when someone uses another person's property without permission for a certain amount of time, and the property owner does not take legal action to stop the use. Rolling Stock Company's use of the right-of-way has been continuous, open, and notorious, and they have used it without permission for the required amount of time. Therefore, an easement has been created.

Question 2

Orin owns Pilot's Landing Office Park.His 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.Orin's ownership interest is
A)a fee simple absolute.
B)a leasehold estate.
C)a life estate.
D)the power of eminent domain.

Accepted Answer

A fee simple absolute is the highest form of ownership interest in real property, which includes the right to sell, give away, or commit waste to the property without restriction. Therefore, Orin's ownership interest in Pilot's Landing Office Park fits the definition of a fee simple absolute. A leasehold estate involves the right to use and occupy the property but not to sell or give it away, while a life estate is a limited ownership interest that only lasts for the lifetime of the owner or another designated person. The power of eminent domain is a government right to take private property for public use, which is not applicable to Orin as a private property owner.

Question 3

With respect to Egor's land,Fig has an easement,Gabe has a profit,and Huck has a license.A right to possess the land is owned by
A)Egor.
B)Fig.
C)Gabe.
D)Huck.

Accepted Answer

Only Egor has the right to possess the land as he is the owner. The others have only specific rights or privileges related to the land, such as easement, profit, or license.

Question 4

Mineral Products Corporation,which owns no land,has a right to mine the copper from Natural Resource Company's land.Mineral's right is
A)a leasehold estate.
B)a license.
C)an easement.
D)a profit.

Accepted Answer

The answer of Mineral Products Corporation,which owns no land,has a...

Question 5

To acquire the ownership of a mountain cabin by adverse possession,Cody must occupy the cabin exclusively,continuously,and peaceably for a specified period of time
A)in an,open,hostile,and adverse manner.
B)until the owner files a suit.
C)without the owner's knowledge.
D)with the state's permission.

Accepted Answer

Adverse possession requires the occupant to use the property in an open, hostile, and adverse manner for a specified period of time without the owner's permission or knowledge. Continuous and exclusive possession is also required, but permission from the state is not necessary. Waiting for the owner to file a suit would not meet the requirements of adverse possession.

Question 6

To acquire the ownership of a vacant lot by adverse possession,Durwood must occupy the lot exclusively,continuously,and peaceably for a specified period of time
A)in an,open,hostile,and adverse manner.
B)until the owner files a suit.
C)without the owner's knowledge.
D)with the state's permission.

Accepted Answer

Adverse possession requires the occupier to use the land in an open, hostile, and adverse manner, meaning that the possession is done without the owner's permission and in a way that is inconsistent with the owner's rights. The occupation must also be exclusive and continuous for a specified period of time, which varies by state. The owner's knowledge or the state's permission is not relevant to adverse possession.

Question 7

Lucky owns Mud Flats Ranch,which is situated on certain Nevada acreage.The exterior boundaries of the land extend
A)100 feet into the earth and 100 feet into the atmosphere.
B)one mile into the earth and one mile into the atmosphere.
C)to infinity and beyond.
D)to the center of the earth and up to the farthest reaches of the atmosphere.

Accepted Answer

The answer of Lucky owns Mud Flats Ranch,which is situated...

Question 8

County Zoning Commission demands that Double Qwik Development,Inc. ,the private developer of Eden Park Homes,allocate space for a school within the development.This is
A)a growth-management ordinance.
B)a subdivision regulation.
C)a zoning use restriction.
D)a zoning variance.

Accepted Answer

Subdivision regulations are rules that govern the division of land into plots, including requirements for infrastructure like schools.

Question 9

Opal conveys three acres of wetlands to Pristine Places,Inc. ,with a deed that warrants only that Opal held good title during her ownership of the property.This deed is
A)a grant deed.
B)a quitclaim deed.
C)a special warranty deed.
D)a warranty deed.

Accepted Answer

The deed that Opal conveyed to Pristine Places, Inc. is a special warranty deed. This is because Opal only warrants that she held good title during the time period that she owned the property, but she does not warrant title for any time prior to her ownership.

Question 10

Jody and Kent each own one-half of Local Motion,a club,as a tenant in common.Kent sells his interest to Meri,who now owns
A)no interest in the firm.
B)the firm in fee simple.
C)the firm with Jody as joint tenants.
D)the firm with Jody as tenants in common.

Accepted Answer

Since Jody and Kent were tenants in common, Kent had the right to sell his interest to someone else. This means that Jody and Meri now own the club as tenants in common, with each owning a 50% undivided interest. Therefore, the best choice is D, the firm with Jody and Meri as tenants in common.

Question 11

Utility Power Company has the right to run its power lines across Velma's land.This is
A)a license.
B)an easement.
C)a profit.
D)a tenancy at sufferance.

Accepted Answer

An easement is a right to use land for a specific purpose, which Utility Power Company has been granted to run its power lines across Velma's land. A license is a temporary permission to use someone else's property, a profit is a right to take something from someone else's land, and a tenancy at sufferance is when a tenant remains on a property after their lease has expired without the landlord's consent. None of these scenarios apply to Utility Power Company's right to run power lines across Velma's land.

Question 12

Cornucopia Farms LLC possesses farmland.Cornucopia has the right to use the property,including harvesting the crops,for ten years.Cornucopia does not have the right to extract the coal under the land.This is
A)a fee simple absolute.
B)a leasehold estate.
C)a life estate.
D)an easement.

Accepted Answer

This situation describes a leasehold estate, as Cornucopia Farms LLC has the right to use and harvest crops from the land for a specific period of time (ten years), but does not have the right to extract the coal under the land. This is not a fee simple absolute, as Cornucopia Farms LLC does not possess ownership of the land in perpetuity. It is also not a life estate, as the use of the land is not tied to an individual's lifetime. Finally, it is not an easement, as Cornucopia Farms LLC has more extensive rights to the land than simply the right to use a portion of it for a specific purpose.

Question 13

Homes Construction Corporation wants to obtain a zoning variance for a part of its property.The variance must not
A)compromise the campaign promises of the zoning board members
B)include a burden that has a connection to the property.
C)result in a profit for its proponent.
D)substantially alter the essential character of the property.

Accepted Answer

The correct answer is D because a zoning variance cannot substantially alter the essential character of the property. The other choices are incorrect as they do not relate to the requirements for obtaining a zoning variance.

Question 14

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is
A)a fixed-term tenancy.
B)a periodic tenancy.
C)a restrictive covenant.
D)a tenancy at will.

Accepted Answer

A fixed-term tenancy is a lease agreement that specifies a certain start and end date, usually for a specific period of time such as a year, six months, or in Jamal's case for the summer. This type of tenancy ends automatically at the end of the lease term without the need for notice from either party. Therefore, as Jamal signed a lease to occupy a house on Leech Lake for the summer, it is a clear example of a fixed-term tenancy.

Question 15

Edna and Flavia buy a boat that they dock in a marina near Gulfport,Mississippi.On the death of either owner,that owner's interest in the boat passes to her heirs.This is
A)a joint tenancy.
B)a life estate.
C)a tenancy in common.
D)ownership in fee simple absolute.

Accepted Answer

A tenancy in common allows for multiple owners to have separate shares in a property. In this case, Edna and Flavia each have their own interest in the boat, and upon their death, that interest would pass to their own heirs. A joint tenancy would require the interest to pass to the surviving owner, and a life estate would only grant ownership for the duration of the owner's life. Ownership in fee simple absolute would grant full ownership without any conditions or limitations.

Question 16

Birch Woods Development,Inc. ,includes,on the map of a twenty-lot development,a restriction that limits construction on each lot to one single-family house.Birch files the map in the appropriate public office.In each lot's deed is a reference to the map and a provision that each buyer "and his or her successors,heirs,or assigns" are bound to it.Cub buys one of the lots and later sells it to Dag.With respect to the restriction,Dag is
A)bound.
B)not bound,because Dag is not a "successor,heir,or assign."
C)not bound,because Dag is not the original buyer of the lot.
D)not bound,because of a lack of sufficient notice in the deed.

Accepted Answer

Dag is bound by the restriction because the provision in each deed references the map and binds "successors, heirs, or assigns." Dag is Cub's assign and thus bound to the restriction. It does not matter that Dag is not the original buyer of the lot, as the provision specifically applies to successors and assigns. Additionally, the fact that the map was filed in the appropriate public office provides sufficient notice of the restriction.

Question 17

Sunny City wants to acquire undeveloped land within the city limits to convert into a public park.Sunny City brings a judicial proceeding to obtain title to the land.This is an exercise of
A)eminent domain.
B)police power.
C)restrictive covenant.
D)zoning power.

Accepted Answer

The exercise of acquiring undeveloped land within the city limits to convert into a public park through a judicial proceeding is an exercise of eminent domain. Eminent domain is the power of the government to take private property for public use, with compensation to the owner. In this case, Sunny City is taking the land for public use, which is the construction of a public park. Therefore, eminent domain is the correct answer.

Question 18

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,including extracting silver from an existing mine,for life.Patsy also has the right to lease the land for a period not to exceed her life.This ownership interest is
A)a fee simple absolute.
B)a leasehold estate.
C)a life estate.
D)the power of eminent domain.

Accepted Answer

Patsy's ownership interest is a life estate because she has the right to use the property and extract silver from the mine for the duration of her life. She also has the right to lease the land, but only for a period not to exceed her life. A fee simple absolute would give Patsy complete and unrestricted ownership of the land, which is not the case here. A leasehold estate would give Patsy the right to use the property for a fixed period of time, but she has the right to use the property for the duration of her life. The power of eminent domain is the government's right to take private property for public use, which is not relevant in this situation.

Question 19

To widen a highway,the state of Ohio obtains,through a judicial proceeding,title to the individual lots in a residential neighborhood.A subsequent proceeding will determine
A)how much the former owners should be paid for their property.
B)how soon the former owners should vacate their property.
C)how wide the highway should be.
D)whether the planned highway would violate any zoning laws.

Accepted Answer

The subsequent proceeding will determine how much the former owners should be paid for their property as the state is required to provide fair compensation for the acquisition of private property through eminent domain. The other options are not relevant to this proceeding.

Question 20

Ian and Jackie take title to a drive-through Koffee Kiosk in such a way that if one dies,the other will be the sole owner.Ian and Jackie own the kiosk as
A)co-owners in fee simple.
B)joint tenants.
C)tenants by the entirety.
D)tenants in common.

Accepted Answer

The scenario described indicates that Ian and Jackie have chosen to take title as joint tenants, which means that each owns an undivided interest in the whole property and has the right of survivorship. If one owner dies, the other automatically becomes the sole owner of the property. This is a common way for married couples or business partners to hold title to property.

Quiz 26: Real Property and Land-Use Control

Rolling Stock Company has used a strip of Storage Warehouse Corporation's land,which adjoins its property,as a right-of-way for years.The use has been apparent,without Storage's permission,for a period time equal to the applicable statute of limitations.Rolling's use has created

Orin owns Pilot's Landing Office Park.His 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.Orin's ownership interest is

With respect to Egor's land,Fig has an easement,Gabe has a profit,and Huck has a license.A right to possess the land is owned by

Mineral Products Corporation,which owns no land,has a right to mine the copper from Natural Resource Company's land.Mineral's right is

To acquire the ownership of a mountain cabin by adverse possession,Cody must occupy the cabin exclusively,continuously,and peaceably for a specified period of time

To acquire the ownership of a vacant lot by adverse possession,Durwood must occupy the lot exclusively,continuously,and peaceably for a specified period of time

Lucky owns Mud Flats Ranch,which is situated on certain Nevada acreage.The exterior boundaries of the land extend

County Zoning Commission demands that Double Qwik Development,Inc. ,the private developer of Eden Park Homes,allocate space for a school within the development.This is

Opal conveys three acres of wetlands to Pristine Places,Inc. ,with a deed that warrants only that Opal held good title during her ownership of the property.This deed is

Jody and Kent each own one-half of Local Motion,a club,as a tenant in common.Kent sells his interest to Meri,who now owns

Utility Power Company has the right to run its power lines across Velma's land.This is

Cornucopia Farms LLC possesses farmland.Cornucopia has the right to use the property,including harvesting the crops,for ten years.Cornucopia does not have the right to extract the coal under the land.This is

Homes Construction Corporation wants to obtain a zoning variance for a part of its property.The variance must not

Jamal signs a lease with Kelvin to occupy a house on Leech Lake in Minnesota for the summer.Jamal's tenancy is

Edna and Flavia buy a boat that they dock in a marina near Gulfport,Mississippi.On the death of either owner,that owner's interest in the boat passes to her heirs.This is

Sunny City wants to acquire undeveloped land within the city limits to convert into a public park.Sunny City brings a judicial proceeding to obtain title to the land.This is an exercise of

Patsy possesses twenty-four acres of remote,rugged land.Patsy has the right to use the property,including extracting silver from an existing mine,for life.Patsy also has the right to lease the land for a period not to exceed her life.This ownership interest is

To widen a highway,the state of Ohio obtains,through a judicial proceeding,title to the individual lots in a residential neighborhood.A subsequent proceeding will determine

Ian and Jackie take title to a drive-through Koffee Kiosk in such a way that if one dies,the other will be the sole owner.Ian and Jackie own the kiosk as