Question 1

Which of the following is an unlawful and unenforceable restrictive covenant?
A) a promise to never construct an apartment building on the property
B) a promise to never sell the land to any person born in China
C) a promise to always use the land for growing cotton
D) a promise to never construct a swimming pool on the property

Accepted Answer

A covenant that discriminates based on race or national origin is prohibited by law and is unenforceable.

Question 2

For adverse possession to occur, some states require that the adverse possessor has taken possession of the land "under of title," that is, thinking that he or she was the lawful possessor of the land.
A) cloud
B) condition subsequent
C) color
D) condition precedent

Accepted Answer

"Color" refers to the adverse possessor's claim of right or belief that they have legal title to the land. This is necessary for adverse possession to occur in some states.

Question 3

Which clause of the U.S. Constitution permits the government to exercise the power of eminent domain?
A) Takings
B) Equal Protection
C) Commerce
D) Privileges and Immunities

Accepted Answer

The Takings Clause of the Fifth Amendment to the U.S. Constitution permits the government to exercise the power of eminent domain, which allows it to take private property for public use as long as it provides just compensation to the owner.

Question 4

Eminent domain is the right of the government to transfer private property from one business to another.

Accepted Answer

Eminent domain is the right of the government to take private property for public use, but they are required by law to provide just compensation to the owner. It is not for the purpose of transferring property from one business to another.

Question 5

is the constitutional right of the government to take private property, upon the payment of just compensation, for a purpose that will benefit the general welfare.
A) Sovereign immunity
B) Adverse possession
C) Eminent domain
D) Easement by prescription

Accepted Answer

The constitutional right of the government to take private property for public use is known as eminent domain. It is a power that is reserved for the government and is not available to private individuals or entities. However, the government must provide just compensation to the property owner for the value of the property taken. This power is included in the Fifth Amendment to the United States Constitution, and is meant to ensure that private property is not taken without a public purpose and that the property owner is fairly compensated for their loss.

Question 6

is a process by which the government acquires the ownership of private property for a public use over the protest of the owner of the property.
A) Condemnation
B) Adverse possession
C) Ratification
D) Reverse possession

Accepted Answer

Condemnation is the process through which the government can acquire private property for public use. It involves the government taking ownership of the property and compensating the owner for the value of the property. The owner may protest the taking of their property, but ultimately the government can use their power of eminent domain to acquire the property for public use. Adverse possession, on the other hand, is a legal principle in which a person can acquire ownership of someone else's property by using it openly and without objection for a specified period of time. Ratification is the process by which a person or group approves or confirms a decision that has been made. Reverse possession is not a recognized legal concept.

Question 7

Zoning that totally destroys the economic value of a property holder's land is considered a constructive taking of the property.

Accepted Answer

This is because the zoning renders the land useless or severely limits its potential uses, which in effect takes away the owner's ability to use the property for economic gain. This is a violation of the owner's property rights and is therefore considered a constructive taking.

Question 8

In all states, adverse possession is permitted only if the person thinks that he or she was the lawful possessor of the land.

Accepted Answer

Adverse possession does not require the person to believe that they are the lawful possessor of the land. They only need to occupy the land openly and continuously for a certain period of time, typically 10-20 years, and meet other requirements such as paying property taxes and maintaining the land.

Question 9

A is permission to use a piece of land in a manner prohibited by the zoning laws.
A) variance
B) continuance
C) grievance
D) nuisance

Accepted Answer

A variance is a permission granted by a local zoning board or government allowing an owner to use their property in a way that is not typically allowed by the local zoning ordinance. This could include building a structure larger than what is typically allowed, or using the property for a commercial purpose in a residential zone.

Question 10

is the restriction of the use of property to allow for the orderly growth and development of a community and to protect the health, safety, and welfare of its citizens.
A) Zoning
B) Eminent domain
C) Adverse possession
D) Variance

Accepted Answer

Zoning is the process of dividing land into different zones or areas which are designated for different uses, such as residential, commercial, or industrial. Zoning laws are enacted by local governments in order to regulate and control land use, with the goal of promoting the orderly growth and development of a community and protecting the health, safety, and welfare of its citizens. Zoning can also help to prevent conflicts between uses that may be incompatible or create nuisances, such as a noisy factory next to a residential neighborhood.

Question 11

A community often allows a nonconforming use of a particular property to remain when the zoning of an area changes.

Accepted Answer

This is known as a grandfather clause, which allows existing uses to continue even if they do not comply with new zoning regulations. However, there may be limitations and restrictions on the nonconforming use.

Question 12

Which of the following is an incorrect statement regarding zoning?
A) Zoning may restrict the type of use to which land may be put, such as residential or commercial.
B) Zoning may regulate land use in geographic areas on the basis of the size of buildings.
C) Zoning may regulate land use in geographic areas on the basis of the placement of buildings.
D) Zoning is preserved and promoted through the use of variances.

Accepted Answer

Variances are exceptions to zoning regulations granted by local governments in certain circumstances, and they do not promote or preserve zoning.

Question 13

Which of the following is an incorrect statement regarding zoning?
A) It allows for the orderly growth and development of a community.
B) It protects the health of citizens.
C) It protects the safety of citizens.
D) It allows for the unrestricted growth of business in a community.

Accepted Answer

Zoning does not allow for unrestricted growth of business in a community. Its purpose is to regulate land use and promote a balance between commercial, residential, and other use areas.

Question 14

Restrictive covenants may be placed in CC&Rs and enforced by a homeowners' association.

Accepted Answer

Restrictive covenants are typically placed in the CC&Rs (Covenants, Conditions, and Restrictions) of a homeowners association, and the HOA has the authority to enforce them.

Question 15

Zoning is allowed under the power of the state.
A) interstate commerce
B) police
C) intrastate commerce
D) takings

Accepted Answer

Zoning is a part of police power, which allows the state to regulate and control land use for the health, safety, and welfare of the community. It is not related to interstate or intrastate commerce or takings.

Question 16

A(n) is a promise by an owner, usually contained in the deed, to use or not use a piece of land in a particular way.
A) easement by prescription
B) quitclaim deed
C) restrictive covenant
D) equitable interest

Accepted Answer

A restrictive covenant is a promise by an owner, usually contained in the deed, to use or not use a piece of land in a particular way. This covenant limits the use of the land and is binding on future owners.

Question 17

Which of the following is a correct statement regarding a restrictive covenant not to construct buildings higher than three stories and a restrictive covenant never to convey property to minorities?
A) Both the restrictive covenant not to construct buildings higher than three stories and the restrictive covenant never to convey property to minorities are illegal.
B) The restrictive covenant not to construct buildings higher than three stories is legal, while the restrictive covenant never to convey property to minorities is illegal.
C) The restrictive covenant never to convey property to minorities is legal, while the restrictive covenant not to construct buildings higher than three stories is illegal.
D) Both the restrictive covenant not to construct buildings higher than three stories and the restrictive covenant never to convey property to minorities are legal.

Accepted Answer

The restrictive covenant not to construct buildings higher than three stories is legal because it is based on a legitimate reason of protecting the aesthetic appeal of the neighborhood. However, the restrictive covenant never to convey property to minorities is illegal under the Fair Housing Act, as it discriminates against a protected class of individuals based on their race, color, national origin, religion, sex, familial status, or disability.

Question 18

How did the Supreme Court ruling in the Susan Kelo et al., Petitioners, v. City of New London, Connecticut, et al. (Kelo) case influence the government's ability to exercise eminent domain?

Accepted Answer

The answer of How did the Supreme Court ruling in...

Question 19

Discuss the consequences of the Michigan State Supreme Court case of Poletown Neighborhood Council v. City of Detroit and the Detroit Economic Development Corporation.

Accepted Answer

The answer of Discuss the consequences of the Michigan State...

Question 20

Acquiring ownership of realty by openly treating it as one's own, with neither protest nor permission from the real owner, for a statutorily established period of time is called condemnation.

Accepted Answer

Acquiring ownership of realty by openly treating it as one's own, with neither protest nor permission from the real owner, for a statutorily established period of time is called adverse possession, not condemnation.

Quiz 13: Law of Property: Real and Personal

Which of the following is an unlawful and unenforceable restrictive covenant?

For adverse possession to occur, some states require that the adverse possessor has taken possession of the land "under of title," that is, thinking that he or she was the lawful possessor of the land.

Which clause of the U.S. Constitution permits the government to exercise the power of eminent domain?

Eminent domain is the right of the government to transfer private property from one business to another.

is the constitutional right of the government to take private property, upon the payment of just compensation, for a purpose that will benefit the general welfare.

is a process by which the government acquires the ownership of private property for a public use over the protest of the owner of the property.

Zoning that totally destroys the economic value of a property holder's land is considered a constructive taking of the property.

In all states, adverse possession is permitted only if the person thinks that he or she was the lawful possessor of the land.

A is permission to use a piece of land in a manner prohibited by the zoning laws.

is the restriction of the use of property to allow for the orderly growth and development of a community and to protect the health, safety, and welfare of its citizens.

A community often allows a nonconforming use of a particular property to remain when the zoning of an area changes.

Which of the following is an incorrect statement regarding zoning?

Which of the following is an incorrect statement regarding zoning?

Restrictive covenants may be placed in CC&Rs and enforced by a homeowners' association.

Zoning is allowed under the power of the state.

A(n) is a promise by an owner, usually contained in the deed, to use or not use a piece of land in a particular way.

Which of the following is a correct statement regarding a restrictive covenant not to construct buildings higher than three stories and a restrictive covenant never to convey property to minorities?

How did the Supreme Court ruling in the Susan Kelo et al., Petitioners, v. City of New London, Connecticut, et al. (Kelo) case influence the government's ability to exercise eminent domain?

Discuss the consequences of the Michigan State Supreme Court case of Poletown Neighborhood Council v. City of Detroit and the Detroit Economic Development Corporation.

Acquiring ownership of realty by openly treating it as one's own, with neither protest nor permission from the real owner, for a statutorily established period of time is called condemnation.