Question 1

In community property states,land acquired during marriage will be deemed community property.

Accepted Answer

Property acquired during the marriage through a spouse's industry or efforts is classified as community property.Each spouse has an equal interest in such property regardless of who produced or earned the property.

Question 2

Real property includes land but does not include residential buildings and permanent structures.

Accepted Answer

Real property includes not only land,but also things firmly attached to or embedded in land.Buildings and other permanent structures thus are considered real property.

Question 3

The term "estate" is used to describe the nature of an individual's ownership interest in real property.

Accepted Answer

Estate is a term that references an individual's ownership interest in real property.

Question 4

A fee simple absolute gives a person the right to possess and use property for a time measured by his or another person's lifetime.

Accepted Answer

One who owns real property in fee simple absolute has the right to possess and use the property for an unlimited period of time,subject only to governmental regulations or private restrictions.

Question 5

When a tenant in common dies,his interest in the property does not automatically transfer to the other tenants in common.

Accepted Answer

When a tenant dies,his interest passes to his heirs or,if he has made a will,to the person or persons specified in the will.

Question 6

The owner of a tract of real property owns the air above it and the minerals below its surface.

Accepted Answer

The owner of a tract of real property also owns the air above it,the minerals below its surface,and any trees or other vegetation growing on the property.

Question 7

Typically,landowners bring public nuisance actions.

Accepted Answer

Typically,the government must bring public nuisance actions.

Question 8

Alex executed a deed in favor of Baxter which conveys in his favor whatever title he has at the time he executes the deed.This deed is called a warranty deed.

Accepted Answer

A quitclaim deed conveys whatever title the grantor has at the time he executes the deed.

Question 9

To acquire title to property by adverse possession,the adverse possessor must continuously use the property for a statutorily prescribed period of time.

Accepted Answer

The adverse possessor's acts of possession must be (1)open and notorious, (2)actual, (3)continuous, (4)exclusive,and (5)hostile (or adverse)to the owner's rights.

Question 10

An easement by necessity is created when real property once held in common ownership is subdivided in such a fashion that the only reasonable way a new owner can gain access to her land is through passage over another's land that was once part of the same tract.

Accepted Answer

An easement by necessity is created when real property once held in common ownership is subdivided in such a fashion that the only reasonable way a new owner can gain access to her land is through passage over another's land that was once part of the same tract.

Question 11

A fixture is an attached item that is considered to be part of the real property.

Accepted Answer

A fixture is an item that is attached and considered part of a parcel of real property.

Question 12

The implied warranty of habitability amounts to a guarantee that the house is free of latent defects that would render it unsafe or unsuitable for human habitation.

Accepted Answer

The implied warranty of habitability amounts to a guarantee that the house is free of latent (hidden)defects that would render it unsafe or unsuitable for human habitation.

Question 13

Remote control devices used for automatic garage doors are examples of fixtures.

Accepted Answer

Personal property need not be actually and physically attached to real property to be a fixture.A close physical connection between an item of personal property and certain real property may enable a court to conclude that the item is constructively annexed.For example,heavy machinery or remote control devices for automatic garage doors may be considered fixtures even though they are not physically attached to real property.

Question 14

One requirement of a joint tenancy is that the co-owners must be married.

Accepted Answer

A joint tenancy is created when equal interests in real property are conveyed to two or more persons by means of a document clearly specifying that they are to own the property as joint tenants.It does not require that they be married.

Question 15

An easement is a transfer of ownership of real property from one person to another.

Accepted Answer

An easement is the right to make certain uses of another person's property (affirmative easement)or the right to prevent another person from making certain uses of his own property (negative easement).

Question 16

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

Accepted Answer

A restrictive covenant must involve the use,value,or character of the land,rather than being merely a personal obligation of one of the original parties.Therefore,it becomes invalid if the circumstances change.

Question 17

A deed that provides notice to the public at large about the grantee's property interest is called a recorded deed.

Accepted Answer

A recorded deed operates to provide the public at large with notice of the grantee's property interests.

Question 18

Mr.Green sneaks into a hunting property owned by Mr.Blue.Mr.Green builds a basic structure that is hidden from plain view.Ten years later,Mr.Green files for title of the property.A court will reject Mr.Green's assertion of ownership of the property.

Accepted Answer

One element of adverse possession is that the possession must be open and notorious.In that case,Mr.Green did not act in a way that Mr.Blue would know that he was attempting to claim ownership of the property and thus allow Mr.Blue to respond legally.

Question 19

The power of eminent domain enables a private citizen to sue neighbors for any kind of nuisance.

Accepted Answer

The power of eminent domain makes it possible for the government to acquire private property for highways,water control projects,municipal and civic centers,public housing,urban renewal,and other public uses.

Question 20

An exclusive right to sell contract means that a broker receives a commission on a sale of the property even if the seller found the buyer.

Accepted Answer

An exclusive right to sell contract provides the broker the exclusive right to sell a property for a specified period of time and entitles her to a commission no matter who procured the buyer.

Quiz 24: Real Property

In community property states,land acquired during marriage will be deemed community property.

Real property includes land but does not include residential buildings and permanent structures.

The term "estate" is used to describe the nature of an individual's ownership interest in real property.

A fee simple absolute gives a person the right to possess and use property for a time measured by his or another person's lifetime.

When a tenant in common dies,his interest in the property does not automatically transfer to the other tenants in common.

The owner of a tract of real property owns the air above it and the minerals below its surface.

Typically,landowners bring public nuisance actions.

Alex executed a deed in favor of Baxter which conveys in his favor whatever title he has at the time he executes the deed.This deed is called a warranty deed.

To acquire title to property by adverse possession,the adverse possessor must continuously use the property for a statutorily prescribed period of time.

An easement by necessity is created when real property once held in common ownership is subdivided in such a fashion that the only reasonable way a new owner can gain access to her land is through passage over another's land that was once part of the same tract.

A fixture is an attached item that is considered to be part of the real property.

The implied warranty of habitability amounts to a guarantee that the house is free of latent defects that would render it unsafe or unsuitable for human habitation.

Remote control devices used for automatic garage doors are examples of fixtures.

One requirement of a joint tenancy is that the co-owners must be married.

An easement is a transfer of ownership of real property from one person to another.

A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

A deed that provides notice to the public at large about the grantee's property interest is called a recorded deed.

Mr.Green sneaks into a hunting property owned by Mr.Blue.Mr.Green builds a basic structure that is hidden from plain view.Ten years later,Mr.Green files for title of the property.A court will reject Mr.Green's assertion of ownership of the property.

The power of eminent domain enables a private citizen to sue neighbors for any kind of nuisance.

An exclusive right to sell contract means that a broker receives a commission on a sale of the property even if the seller found the buyer.