Question 1

Taking private property for public use requires the payment of "just compensation."

Accepted Answer

This is known as the "takings clause" of the Fifth Amendment to the US Constitution. It ensures that individuals are fairly compensated if the government needs to take their property for public use, such as for building a road or park.

Question 2

In most states,the seller of a new house warrants that it is fit for habitation.

Accepted Answer

In most states, the seller of a new house provides an implied warranty of habitability, which means that the house is safe and suitable for human residence.

Question 3

The holder of a life estate has the right to use property for whatever purpose he or she sees fit without regard to the rights of a fee simple owner.

Accepted Answer

While a life estate holder may have the right to use the property, they still must do so in a way that does not interfere with the rights of the fee simple owner. The fee simple owner still retains the ultimate ownership and control of the property.

Question 4

Land includes all of the waters on or under its surface.

Accepted Answer

Land is defined as the surface of the earth, including all natural resources such as water, minerals, and vegetation. This includes all bodies of water that are connected to or part of the land, as well as any underground water sources. Therefore, land includes all of the waters on or under its surface.

Question 5

Adverse possession is a means of obtaining title to property without the delivery of a deed.

Accepted Answer

Adverse possession is a legal doctrine that allows someone to acquire ownership of land without a deed, by occupying it for a certain period of time and meeting other legal requirements.

Question 6

A fixed-term tenancy terminates at the end of the specified period without notice.

Accepted Answer

A fixed-term tenancy has a specific end date, and the tenancy automatically terminates at the end of the period without the need for any notice.

Question 7

A fixed-term tenancy is created when a lease does not specify its duration.

Accepted Answer

A fixed-term tenancy is created when a lease specifies a specific duration, typically a set number of months or years. A lease that does not specify its duration would typically be considered a month-to-month tenancy, where either the tenant or landlord can terminate the lease with proper notice.

Question 8

An item cannot be a fixture unless it is physically attached to the land.

Accepted Answer

The answer of An item cannot be a fixture unless...

Question 9

A warranty deed provides the most protection against defects of title.

Accepted Answer

A warranty deed is a type of deed that guarantees that the seller owns the property and has the right to sell it, and that there are no other claims or liens against the property. This provides the most protection against defects of title, as opposed to a quitclaim deed which only transfers the seller's interest in the property without any guarantee of clear title.

Question 10

An easement can be created by implication.

Accepted Answer

An easement can be created by implication when it is necessary for the reasonable use and enjoyment of a property. This can occur when there is an existing use that requires an easement, or when the circumstances surrounding the property suggest that an easement was intended to be granted.

Question 11

Land includes the artificial structures attached to it.

Accepted Answer

Land is defined as the natural surface of the earth, including all things attached to it, such as trees, buildings, and structures. Therefore, the artificial structures attached to land are considered a part of the land.

Question 12

For a party to take by adverse possession,the party's possession must not be hostile to the true owner's rights.

Accepted Answer

For adverse possession to take place, the possession must be hostile, meaning it violates the true owner's rights to the property.

Question 13

A quitclaim deed warrants more than any other deed.

Accepted Answer

A quitclaim deed offers the least amount of protection to the buyer or recipient of the deed. It only transfers any interest or claim that the grantor may have in the property, without any guarantee that the title is free of defects or encumbrances. Other types of deeds, like general warranty deeds or special warranty deeds, offer more protection and guarantees to the buyer.

Question 14

A contract for the sale of commercial realty should indicate what items are included in the sale.

Accepted Answer

The answer of A contract for the sale of commercial...

Question 15

Plant life is not considered to be real property.

Accepted Answer

Plant life is considered to be real property, as it is considered a part of the land that it grows on.

Question 16

Personal property may become real property by attaching it to real property.

Accepted Answer

Personal property, such as light fixtures or shelving, can become real property by attaching it to real property, such as a building or land. This is known as "annexation." Once attached, the personal property is considered part of the real property and is conveyed with it when the real property is sold or transferred.

Question 17

Inverse condemnation occurs when an owner simply gives private property to the government without accepting any compensation.

Accepted Answer

Inverse condemnation occurs when the government takes private property for public use without initiating condemnation proceedings and without paying just compensation to the owner.

Question 18

Life tenants are persons who share ownership rights simultaneously.

Accepted Answer

Life tenants do not share ownership rights simultaneously. They have the right to use and enjoy the property during their lifetime, but the ownership reverts back to the original owner or designated party after their death.

Question 19

Eminent domain is the right of an owner in fee simple absolute to use his or her property in whatever way he or she wishes.

Accepted Answer

Eminent domain is actually the government's right to take private property for public use, but the owner is entitled to just compensation. The owner's right to use the property is not absolute in this case.

Question 20

A profit is a right to make a profit from some part of land or some product of the land,and the right terminates once that profit is made.

Accepted Answer

The answer of A profit is a right to make...

Quiz 22: Real Property and Land-Use Control