Chapter 2 Quiz Flashcards

1
Q

Jason owned the fee Simple title to a vacant lot adjacent to a hospital and was persuaded to make a gift of the lot. He had his attorney prepare a deed that conveyed the ownership of the lot to the hospital “so long as it is used for medical purposes.” After the completion of the gift, the hospital will own the lot as a:
Life estate
Tenancy for years
Fee simple determinable
Periodic tenancy

A

Fee simple determinable

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1
Q

If the owner of the dominant tenement becomes the owner of the servient tenement and merges the two properties:
The easement becomes dormant
The easement is unaffected
The easement is terminated
The properties retain their former status

A

The easement is terminated

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2
Q

The rights of the owner of a property located along the banks of a river are called:
Littoral rights
Prior appropriation rights
Riparian rights
Hereditaments

A

Riparian rights

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3
Q

Which of the following has an indefinite duration?
Freehold estate
Less-than-freehold estate
Estate for years
License

A

Freehold estate

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4
Q

Suzy owns an apartment building and will grant a life estate to the nursing home to pay for her father’s care. The nursing home will remain the life tenant as long as Suzy’s father is alive. Upon the death of Suzy’s father the apartment building will revert to Suzy. What type of life estate does the nursing home have?
License
Life estate pur autre vie
Legal life estate
Ordinary life estate

A

Life estate pur autre vie

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5
Q

Mrs. Destiny conveys a life estate to her grandson and stipulates that upon her death the estate will pass to her son-in-law. The son-in-law has a(n):
Estate in reversion
Estate in remainder
Estate for years
legal life estate

A

Estate in remainder

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6
Q

All of the following are powers of the government EXCEPT:
Easement in gross
Police power
Eminent domain
Taxation

A

Easement in gross

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7
Q

Mark wants to use water from a river that runs through his property to irrigate a potato field. To do so, Mark is required by his state’s law to submit an application to the Department of Water Resources describing in detail the beneficial use he plans for the water. If the department approves Mark’s application, he will receive a permit to divert a limited amount of river water into his field. Based on these facts, it can be assumed that Mark’s state relies on which of the following rules of law?
Common law riparian rights
Common law littoral rights
Doctrine of prior appropriation
Doctrine of highest and best use

A

Doctrine of prior appropriation

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8
Q

An ownership interest that is based on annual occupancy intervals is a:

Leasehold
Time share
Condominium
Cooperative

A

Time share

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9
Q

Eric lives in an apartment building. A corporation owns the land and structures, with one mortgage loan covering the entire property. Like the other residents, Eric owns stock in the corporation and has a lease to his apartment. This type of ownership is called a:
Condominium
Planned unit development
Time share
Cooperative

A

Cooperative

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10
Q

Ralph, Rich and Edgar are joint tenants owning a parcel of land. Edgar conveys his interest to his longtime friend Sam. After the conveyance, Ralph and Rich:
Become tenants in common
Continue to be joint tenants with Edgar
Become joint tenants with Sam
Remain joint tenants owning a two-thirds interest

A

Remain joint tenants owning a two-thirds interest

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11
Q

Equal rights of possession are characteristic in all of the following EXCEPT:
Tenancy in common
Tenancy at will
Tenancy by the entirety
Joint tenancy

A

Tenancy at will

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12
Q

To create a joint tenancy relationship in the ownership of real estate, there must be unities of:
Grantees, ownership, claim of right, and possession
Title, interest, encumbrance, and survivorship
Possession, time, interest, and title
Ownership, possession, heirs, and title

A

Possession, time, interest, and title

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13
Q

The owner of a condominium unit learns that a neighbor has failed to pay his real estate taxes. If this neighbor does not pay the taxes:
A lien can be filed against the condominium, Including all of the units
A lien can be filed against the neighbor’s unit and his percentage of the common elements
A lien can be filed only against the common areas of the condominium
The taxing authority can order the condominium to be dissolved

A

A lien can be filed against the neighbor’s unit and his percentage of the common elements

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14
Q

All of the following are true statements about a condominium EXCEPT:
A declaration must be filed before any units may be sold
Each unit owner has a fractional undivided Interest in the common elements
Each owner receives a separate real estate tax statement
Each owner has a proprietary lease with the association of his or her own unit

A

Each owner has a proprietary lease with the association of his or her own unit

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15
Q

Jim purchases an interest in a house in Beachfront. Jim is entitled to the right of possession only between July 10 and August 4 of each year. Which of the following is most likely the type of ownership purchased?
Cooperative
Time share estate
Time share use
Life estate

A

Time share use

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16
Q

Which of the following best proves one’s right to live in a cooperative?
Tax bill for the individual unit
Existence of a reverter clause
Shareholder’s stock certificate
Right of first refusal

A

Shareholder’s stock certificate

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17
Q

Ben and Cheri held title to an apartment building as joint tenants with rights of survivorship. Ben and Cheri had an argument, and Ben didn’t like the possibility that Cheri would acquire total ownership of the building if Ben died. Therefore, Ben executed a deed to himself as a tenant in common and later willed his interest to Jenna. If this occurred in Illinois, which of the following statements accurately describes Ben’s action?
Ben’s action is illegal under Illinois law
While not necessary illegal, Ben’s action has no effect on the joint tenancy
Ben’s goal of severing-the joint tenancy can be accomplished only by a partition suit
Ben’s action legally severs the joint tenancy

A

Ben’s action legally severs the joint tenancy

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18
Q

If the owner of real estate does not take action against a persistent trespasser before the statutory period has passed, the trespasser may acquire:
An easement by necessity
A license
Title by eminent domain
An easement by prescription

A

An easement by prescription

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19
Q

A person who has complete control over a parcel of real estate would MOST LIKELY own:
leasehold estate.
fee simple estate.
life estate.
defeasible fee estate.

A

fee simple estate.

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20
Q

A portion of Walter’s building was inadvertently built on Greg’s land. This is called an:
accretion.
avulsion.
encroachment.
easement.

A

encroachment.

21
Q

The purchase of a ticket for a professional sporting event gives the bearer:
an easement right to park his car.
a license to enter and claim a seat for the duration of the game.
an easement in gross interest in the professional sporting team.
a license to sell goods and beverages at the sporting event.

A

a license to enter and claim a seat for the duration of the game.

22
Q

All of the following estates would have a definite duration EXCEPT a(n):
freehold estate.
less-than freehold estate.
estate for years.
license.

A

freehold estate.

23
Q

Homeowner Grace acquired the ownership of land that was deposited by a river running through her property by:
reliction.
succession.
avulsion.
accretion.

A

accretion.

24
Q

The most all-inclusive type of real property ownership is a:
fee simple estate.
life estate
conditional fee estate.
reversionary interest.

A

fee simple estate.

25
Q

Josh and Sean are next-door neighbors. Sean tells Josh that he can store his bulldozer in his yard for a few weeks. Sean did not charge Josh rent for the use of his yard. Sean has given Josh a(n):
easement appurtenant.
easement by necessity.
estate in land.
license.

A

license.

26
Q

Aaron owned two acres of land. He sold one acre to Fiona and reserved for himself an appurtenant easement over Fiona’s land for ingress and egress. Fiona’s land:
is the dominant tenement.
is the servient tenement.
can be cleared of the easement when Aaron sells the withheld acre to a third party.
is subject to an easement in gross.

A

is the servient tenement.

27
Q

A homestead exemption protects against judgments:
of unsecured creditors.
that result from unpaid taxes.
that result from foreclosure of a mortgage.
that result from the costs of improvements

A

of unsecured creditors.

28
Q

A deed conveys ownership to the grantee so long as the existing building is not torn down. What type of estate did this deed create?
A life estate
A non-destructible estate
A fee simple estate
A determinable fee estate

A

A determinable fee estate

29
Q

Luke conveys the ownership of his house to his mother and stipulates that upon her death he will recapture the ownership. The interest Luke has in the ownership is a:
remainder estate.
curtesy estate.
legal life estate.
reversion estate.

A

reversion estate.

30
Q

The owner divides a parcel into two lots, one of which is surrounded by other lots and has no street access. Which of the following is true?
The municipality must construct a street to create access.
The owner must create an easement by condemnation to provide access.
An easement by prescription should be granted.
An easement by necessity should be created for the land-locked parcel.

A

An easement by necessity should be created for the land-locked parcel.

31
Q

A person who acquired ownership that can be inherited, with the provision that the land must always be used for religious purposes, has which of the following?
A fee simple estate
A fee simple defeasible estate
A restricted estate
An estate that cannot be sold

A

A fee simple defeasible estate

32
Q

In Illinois, real property escheats to the:
county in which its owner resides.
state.
county in which it is located.
owner’s legal heirs.

A

county in which it is located.

33
Q

How long is the period required to establish an easement by prescription in Illinois?
7 years
15 years
20 years
21 years

A

20 years

34
Q

Sam and Nettie bought a store building and took title as joint tenants. Nettie died testate. Sam now owns the store:
as a joint tenant with rights of survivorship.
in severalty.
as a tenant in common with Nettie’s heirs.
in trust.

A

in severalty.

35
Q

Cain has the legal right to occupy and use a certain residential structure. All of the following could describe Cain’s interest in the property EXCEPT:
fee simple.
remainder.
leasehold.
life estate.

A

remainder.

36
Q

A trust is a legal arrangement in which the title to property is held for the benefit of a third party by a(n):
beneficiary.
trustor.
trustee.
attorney in fact.

A

trustee.

37
Q

Val and John are co-owners of a fee simple interest in a small office building. John dies intestate and leaves no estate to be distributed to his heirs. Val is neither related to John nor a creditor of John. Which of the following would explain why Val acquired the interest of John?
Adverse possession
Reversionary rights
Joint tenancy
Foreclosure

A

Joint tenancy

38
Q

In a gift of a parcel of real estate, one of the two owners was given an undivided 60 percent interest and the other received an undivided 40 percent interest. The two owners hold their interests as:
cooperative owners.
joint tenants.
community property owners.
tenants in common.

A

tenants in common.

39
Q

A joint tenancy with right of survivorship may be created:
automatically if the property is distributed to the surviving children.
by presumption if another form of ownership is not described.
by deed.
when a deed is signed by both spouses.

A

by deed.

40
Q

A property held as tenancy by the entirety requires which of the following?
The cotenants must be husband and wife.
The property in question must be Torrens property.
Upon the death of a cotenant, the decedent’s interest passes to his or her heirs.
In the event of a dispute the property must be partitioned

A

The cotenants must be husband and wife.

41
Q

What do the terms a general partnership, a limited partnership and a corporation have in common?
They all represent possible forms of ownership of real estate by business organizations.
They all represent possible leases that a business could negotiate.
They all represent fee simple absolute ownership of real estate.
They all represent fee simple conditional ownership of real estate

A

They all represent possible forms of ownership of real estate by business organizations.

42
Q

In Illinois all of the following are examples of co-owner ship except for:
Community property
Joint tenancy
Tenants in common
Tenancy by the entirety

A

Community property

43
Q

Because Jayce no longer needs a large house, she decides to sell her house and move into a cooperative apartment building. In a cooperative Jayce will:
become a stockholder in a corporation.
own her individual apartment.
own the common elements.
receive a 20-year lease.

A

become a stockholder in a corporation.

44
Q

Under the condominium form of ownership, the owner’s interest in the unit would normally be:
a life estate.
a fee simple estate.
a reversionary estate.
a proprietary leasehold.

A

a fee simple estate.

45
Q

Amanda and Barb are joint tenants. Barb sells her interest to Chuck. What is the relationship of Amanda and Chuck?
They are joint tenants.
They are tenants in common.
There is no relationship because Barb cannot sell to Chuck.
Amanda owns a 2/3 interest and Chuck owns a 1/3 interest.

A

They are tenants in common.

46
Q

A person purchases a fee simple estate and has an undivided interest in common elements. What does this person own?
A tenancy in common
A cooperative
A condominium
A tenancy by the entireties

A

A condominium

47
Q

The owner of a condominium did not pay the monthly maintenance fee. Which of the following will MOST LIKELY occur?
The owner will be evicted.
The debt will be collected from the other owners.
The Homeowners Association will place a lien against the unit.
The debt will be added to the mortgage payment.

A

The Homeowners Association will place a lien against the unit.

48
Q

Illinois law makes which of the following presumptions about how multiple grantees hold title to a property?
They hold title as joint tenants.
They hold title as tenants in common.
There is a right of survivorship between the owners.
The property is held in the entirety.

A

They hold title as tenants in common.

49
Q

In Illinois, an arrangement in which a purchaser receives fee ownership of property and the right to use it for a specified period of less than one year on a recurring basis of more than three years is the statutory definition of a:
cooperative.
time-share use.
time-share estate.
membership camping arrangement.

A

time-share estate.