Question 1

Bliss County Zoning Commission demands that Commercial Development, Inc., the private developer of Discount Stores, allocate space for parking and take other measures to manage traffic.This is
A)a restrictive covenant.
B)inverse condemnation.
C)a zoning restriction.
D)a zoning variance.

Accepted Answer

The statement refers to Bliss County Zoning Commission's demand for a private developer to allocate space for parking and manage traffic. This demand is related to zoning restrictions, which are provisions that govern the use, development, and improvement of land within a particular area. Therefore, the best choice is C, a zoning restriction. A restrictive covenant is a private agreement that limits the use or development of land. Inverse condemnation is a legal process in which the government takes private property without compensation. Finally, a zoning variance is an exception to the standard zoning rules that allows a property owner to use or develop their land in a way that would otherwise not be allowed.

Question 2

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 and pay the owner just compensation.This is an exercise of
A)eminent domain.
B)constructive eviction.
C)inverse condemnation.
D)zoning power.

Accepted Answer

Eminent domain refers to the power of the government to take private property for public use, with the requirement that just compensation is paid to the owner. In this scenario, Bay City is exercising eminent domain by seeking to acquire undeveloped land within the city limits for the purpose of creating a public park. The other options are not applicable in this situation - constructive eviction refers to actions that make a property uninhabitable and force tenants to leave, inverse condemnation refers to a property owner suing the government for taking their property without compensation, and zoning power refers to the government's ability to regulate land use within a certain area.

Question 3

Geof sells his Hawt Dawgs Lunch Counter Cafe to Ilene.The title is transferred by deed.Ilene is the
A)co-owner in fee simple.
B)grantee.
C)grantor.
D)licensee.

Accepted Answer

Ilene is the new owner of the property after acquiring it from Geof. Therefore, she is the grantee, which is the person who receives the property through a grant or a transfer. The other options are not applicable in this scenario - co-owner in fee simple implies joint ownership, which is not mentioned; grantor refers to the person who transfers the property, and Geof is the current owner who sold it; licensee refers to someone who is given permission to use the property, which is not relevant in this case.

Question 4

Quik Development Corporation wants to convert farmland on the out-skirts of River City into residential and commercial property.The state restricts the conversion of farmland by subjecting development plans to the approval of State Development Agency.This is an exercise of the state's
A)police power.
B)power of eminent domain.
C)restrictive covenant.
D)zoning power.

Accepted Answer

This is an exercise of the state's police power, which is the authority of the state to regulate behavior and enforce order within its territory for the betterment of the health, safety, morals, and general welfare of its citizens. The restriction of farmland conversion is a legitimate exercise of police power to manage land use and ensure sustainable development.

Question 5

Emmett, the owner of Fallow Fields Farm, sells Greta a right to camp on Fallow land overnight.Greta's right is
A)a fixed-term tenancy.
B)a license.
C)an easement.
D)a profit.

Accepted Answer

The right to camp on Fallow land overnight is a license. A license is a permission granted by the owner of the property, which does not confer any interest in the property itself.

Question 6

Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that warrants only that Marco held good title during his 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

A special warranty deed warrants only that the grantor held good title during their ownership of the property, while a quitclaim deed conveys any interest the grantor has in the property without any warranties. A grant deed and warranty deed both warrant that the grantor has good title to the property, but a warranty deed also provides additional warranties such as against any prior claims or liens on the property. Therefore, the best choice is C - a special warranty deed.

Question 7

To acquire the ownership of Bart's 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 Bart files a suit.
C)without Bart's knowledge.
D)with the state's permission.

Accepted Answer

Adverse possession requires the occupier to use the property in an open, hostile, and adverse manner. This means that the occupier must treat the property as if it were their own, without the owner's permission, openly and without hiding the fact of their occupation, and in a manner that is hostile to the owner's interests. Continuity and peaceable possession are also required, but occupancy alone is not enough to establish adverse possession. The duration of continuous possession required varies by state but is typically between 5 and 20 years. Without meeting all of these requirements, adverse possession cannot be claimed.

Question 8

Bucolic Homes, Inc., develops a thirty-lot suburban subdivision.Bucolic wants to restrict construction on each parcel to a single-family home.Bucolic includes a declaration of this restriction on the development's map.which is filed in the appropriate public office.There is a reference to the map on each deed.This is
A)a restrictive covenant.
B)eminent domain.
C)a taking.
D)a zoning variance.

Accepted Answer

This situation describes a restrictive covenant, which is a private agreement that limits the use or enjoyment of real property. Bucolic Homes, Inc., has included a declaration of the restriction on the development's map that is filed in the public office, and each deed contains a reference to the map. These actions ensure that the restriction is binding on all future owners of the property within the subdivision.

Question 9

The zoning board of Urban City issues a permit that allows an exemption to zoning regulations for property that Nature's Plenty Food Company owns as long as Nature's Plentycomplies with specific requirements to ensure that the use does not affect thecharacteristics of the area.This is
A)a zoning variance.
B)a special-use permit.
C)a restrictive covenant.
D)a taking.

Accepted Answer

This is a special-use permit because it allows an exemption to zoning regulations as long as certain requirements are met. A zoning variance typically allows a property owner to deviate from the existing zoning regulations without complying with any specific requirements. A restrictive covenant is a contractual agreement that restricts the use of the property. A taking involves the government taking private property for public use, which is not the case here.

Question 10

Metro City exercises its power of eminent domain to acquire land for a public project, including part of a public transit rail system and a traffic bypass.Metro City relocates more than 10,000 residents from the land and destroys their homes to begin the project.Nathan's Deli is adjacent to the project.Nathan's loses most of its business when the residents are moved.Nathan's files a suit against Metro City, alleging that its acquisition of the land resulted in a taking of the deli's property interest, entitling it to compensation.What is a taking? What might Nathan's claim is its "property interest" to support this allegation? What is the court likely to rule? Why?

Accepted Answer

The answer of Metro City exercises its power of eminent...

Question 11

Lamar owns a field behind Megan's house and property.The only access to the field is Megan's driveway, which Lamar uses to get to his field.If Lamar sells the field, can the buyer use the right-of-way across Megan's property?

Accepted Answer

The answer of Lamar owns a field behind Megan's house...

Question 12

Valley View 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)alter the essential character of the property.

Accepted Answer

The other choices are irrelevant or unethical factors that should not be considered when granting a zoning variance. However, option D is a legitimate concern as a zoning variance should not fundamentally change the essential character of the property or the surrounding neighborhood.

Quiz 22: Real Property and Land-Use Control

Bliss County Zoning Commission demands that Commercial Development, Inc., the private developer of Discount Stores, allocate space for parking and take other measures to manage traffic.This is

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 and pay the owner just compensation.This is an exercise of

Geof sells his Hawt Dawgs Lunch Counter Cafe to Ilene.The title is transferred by deed.Ilene is the

Quik Development Corporation wants to convert farmland on the out-skirts of River City into residential and commercial property.The state restricts the conversion of farmland by subjecting development plans to the approval of State Development Agency.This is an exercise of the state's

Emmett, the owner of Fallow Fields Farm, sells Greta a right to camp on Fallow land overnight.Greta's right is

Marco conveys three acres of wetlands to Nature Preserves, Inc., with a deed that warrants only that Marco held good title during his ownership of the property.This deed is

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

The zoning board of Urban City issues a permit that allows an exemption to zoning regulations for property that Nature's Plenty Food Company owns as long as Nature's Plentycomplies with specific requirements to ensure that the use does not affect thecharacteristics of the area.This is

Lamar owns a field behind Megan's house and property.The only access to the field is Megan's driveway, which Lamar uses to get to his field.If Lamar sells the field, can the buyer use the right-of-way across Megan's property?

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