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Question 1

Real property is defined as:

Answer 1

land and attachments.

Real property is the land and everything attached to it. An attachment to the land is also known as an appurtenance.

Question 2

An appurtenance:

may be sold separately from the land.

is an interest that transfers with a piece of land.

may be air, water, mineral, gas, and support rights.

All of the above

Answer 2

An appurtenance is a right incidental to the land that is being transferred with the land. Appurtenances include air, water, mineral, gas, oil and lateral and subjacent support rights. Appurtenant rights can be sold separately from the land, such as mineral, gas and oil. Once extracted from the land, these properties become personal in nature and are no longer part of the real property.

(may be sold separately from the land. is an interest that transfers with a piece of land. may be air, water, mineral, gas, and support rights.)

Question 3

In Nevada, the body of law that regulates the use of water is known as the:

Answer 3

system of prior appropriation

In nearly all cases, Nevada uses the system of prior appropriation to regulate the use of water.

Question 4

There are two categories of attachments. They are:

Answer 4

natural and man made.

Attachments may be natural, as with trees and plants that are attached to the land by their root systems, or they may be man made, such as buildings.

Question 5

Anything that has been permanently attached to the land and becomes part of the real estate is known as:

Answer 5

a fixture.

Fixtures have been either permanently attached to the real property or required for the operation of something attached to the property such as a garage door opener.

Question 6

A special right given to tenant farmers for planted crops is known as:

Answer 6

the doctrine of emblements.

The doctrine of emblements allows the tenant farmer to reenter the land to harvest the crop and reap their profits.

Question 7

Which of the following includes the four tests a court will apply when determining if an item is a fixture?

Answer 7

The method of attachment, the adaptation of the item to the real property, the intention of the annexor, and the relationship between the parties.

Question 8

Ownership of oil and gas is governed by:

Answer 8

the rule of capture.

The rule of capture allows ownership of fugitive substances, such as oil and gas, to include all that is produced from wells constructed on the owner’s property. Fugitive substances are not stationary and will flow from one parcel of land to another.

Question 9

The north boundary of John’s property has suffered a collapse caused by his neighbor digging a well. The neighbor has violated John’s right to:

Answer 9

lateral support.

Lateral support is support from adjacent land. John has the legal right to the natural support provided by bordering lands.

Question 10

In order to convey real property there must always be an accurate:

Answer 10

property description.

The conveyance of real property requires a complete and accurate legal description.

Question 11

All of the following are types of property description, EXCEPT:

Answer 11

street and number.

While a street address may be used in the purchase agreement, it is not an adequate legal description.

Question 12

A standard township would be:

Answer 12

36 square miles.

Question 13

Which of the following legal descriptions uses a principal meridian?

Answer 13

Rectangular government survey system

The Rectangular Government Survey System also known as the Government Survey System, and Rectangular Survey System describes land by reference to a series of grids. These grids are composed of two sets of lines, an original north/south line, known as a principal meridian, and the original east/west line known as a baseline

Question 14

A plat map is used in which type of legal description?

Answer 14

Lot and Block

The Lot and Block system is the easiest type of system and is used when subdividing new parcels. The properties within the subdivision are given lot and block numbers on a plat map.

Question 15

In what corner of a township would you find Section 1?

Answer 15

Northeast

There are 36 sections within each township. The sections are numbered consecutively from 1 to 36, with 6 sections to a row, beginning at the northeast corner, proceeding west to Section 6, dropping south to Section 7 proceeding east to Section 12, dropping south for Section 13, proceeding west to section 18, etc.

Question 16

A full township contains:

Answer 16

23,040 acres.

A township contains 23,040 acres. (36 sections × 640 acres per section = 23,040 acres)

Question 17

A section of land, as used in the government rectangular survey system, may be described as:

Answer 17

1,760 yards by 1,760 yards
OR 640 acres

A section of land is one square mile, 1,760 yards X 1,760 yards, and contains 640 acres.

Question 18

The key difference between real property (land) and personal property (a truck) is that land cannot be moved. Which term is used to indicate that something cannot be moved?

Answer 18

Immobile.

The key difference between real and personal property (i.e., land vs. a truck) is that the land itself is unable to be moved. Since it cannot be moved, the way we transfer and use land is legally distinct from the way we transfer goods.

Question 19

Courtney just purchased a plot of land with a beautiful stream running through it. One day she decides to create a massive rice paddy and to irrigate it using the water from the stream. Her downstream neighbors claim that Courtney’s use of the water is too extreme because she uses all the water from the stream on days when she irrigates, completely drying up the stream for a few hours.

What can the neighbors claim?

Answer 19

Riparian rights give you only the ability to reasonably use moving waters adjacent to the land, and Courtney is not using the water reasonably.

Riparian rights give you the right to reasonable use of the flowing water on your property; diverting all the water for periods of time would not be a reasonable use of the water. The downstream neighbor similarly have riparian rights since they are on the stream, so Courtney must consider the downstream usage of the waters when making “reasonable use.”

Question 20

Cisco rents land from Audrey. Cisco planted a giant pumpkin vine in hopes of winning the big $10,000 pumpkin prize at the County Fair in the fall. After enough care, Cisco’s pumpkin was clearly looking like it would be a prize winner. However, before harvest, Audrey tells Cisco that the pumpkin is being grown on her land and rooted in the soil she owns, so the pumpkin is her property, and she would be taking it to the fair to claim the prize money.

Cisco’s lawyer tells him he can utilize the doctrine of emblements and explains that the doctrine refers to

Answer 20

the right of a tenant farmer to harvest a cultivated annual crop.

The doctrine of emblements is a special rule about natural attachments. A tenant farmer is someone who farms on rented land. Under the doctrine of emblements, all crops planted on rented land are the personal property of the farmer who planted them, even though most rooted trees and shrubs are considered to be part of the real property.

Question 21

A land developer is planning on subdividing a single large plot of land into a handful of lots and blocks. This requires that the developer provide a plat map to show how the land was platted. What must the developer include on that plat map?

Answer 21

Unique names of each subdivision and numbers for each lot in the subdivision

A plat map must include unique names for each larger estate/region of the plot, and numbers for each smaller subdivision lot. These two descriptions provide the ability to reference exact locations on the plat map.

Question 22

Matias wants to build a shed, patio, and fence on an empty plot of land he’s leasing. With permission from the landlord, Matias purchased the lumber and bricks for the project and stacked them neatly in the middle of the land. Matias finished the shed and patio at the end of last summer. The fence, however, never got built and the lumber is stacked neatly near the shed, along with some leftover bricks from the patio construction. Yesterday, the landlord and Matias got into a disagreement and decided to terminate their lease agreement.

Which of the following can Matias take when vacating the leased property?

Answer 22

The lumber and bricks stacked near the shed that were not used in the construction

Matias can take the leftover shed lumber and bricks stacked near the shed because they are still personal property. The patio and shed belong to the landlord because they were made part of the real estate after they were attached to the land. The fence was never constructed so its materials still belong to Matias as personal property.

Question 23

Lucy Littoral has been told that her name is a special legal real estate word. When she buys a house, she has decided that she wants it to have something to do with “Littoral,” but she doesn’t know what that term means. Which house would you advise her to purchase?

Answer 23

A beach house adjacent to Lake Washington.

Littoral rights are the landowner’s rights to lake, sea, and ocean water that is on or adjacent to their property. Riparian rights are the rights to use a river or stream, whereas having trees on your property is a “natural attachment” that may be harvested as personal property.

Question 24

Wamblee sells to Michael but reserves the rights to oil and gas. Wamblee begins drilling for the oil, discovers a silver vein, and begins to extract the silver. Which statement is MOST true.

Answer 24

Since Wamblee owns only the rights to the oil and gas, he is not entitled to the silver because it belongs to Michael.

Land can be sold while reserving the rights to all minerals, oils, or gases in the deed of sale. Assume the previous owner will have a right to remove the minerals, oils, or gases unless the deed states “without right of surface entry.” In this case, since only oil and gas was reserved, Wamblee would only have the ability to gather those two. He has no right to the silver, which is now the real property of Michael.

Question 25

Suzuki bequeathed all of her personal property to her son, and all of her real property to her daughter. Suzuki’s son and daughter argue over who owns certain items from their mother’s estate. Which of these items belong to which heir?

Answer 25

The daughter owns the fence because it is real property, and the son owns the sculpture because it is personal property.

A fence is a fixture in a yard because it is permanently attached to the land. This makes it real property that would belong to the daughter. Since the sculpture can be moved from place to place, it is technically “movable.” The sculpture would be personal property and would belong to the son.