Chapter 2: Rights in Real Estate

Question 1

What guarantees the right to private ownership of real estate in the United States?

Answer 1

The constitution

Question 2

Which of the following is the best definition of real estate?

Answer 2

Land and everything permanently attached to it

Question 3

Which of the following is included in the legal concept of land?

Answer 3

The surface of the earth and all natural things permanently attached to the earth

Question 4

What are the three unique physical characteristics of land?

Answer 4

Immobile, indestructible, heterogeneous

Question 5

The primary distinction between the legal concepts of land and real estate is that…

Answer 5

land does not include man-made structures

Question 6

The primary distinction between the legal concepts of real estate and real property is that…

Answer 6

real property includes ownership of a bundle of rights

Question 7

Which of the following is included in the bundle right inherent in ownership?

Answer 7

To transfer

Question 8

Which of the following is an example of intangible property?

Answer 8

stock

Question 9

The right to use real property is limited by…

Answer 9

the right of others to use and enjoy their property

Question 10

Surface rights, air rights, and subsurface rights are…

Answer 10

separable

Question 11

Which of the following terms refers to the rights of a property that abuts a stream or river?

Answer 11

Riparian

Question 12

What part of a non-navigable waterway does the owner of an abutting property own?

Answer 12

to the middle of the waterway

Question 13

What is the “Doctrine of Prior Appropriation?”

Answer 13

A doctrine that gives the state control of water use and the water supply

Question 14

Which of the following is considered real property?

Answer 14

a tree growing on a parcel of land

Question 15

The overriding test of whether an item is a fixture or personal property is…

Answer 15

Its definition as one or the other in a sale or lease contract

Question 16

What is an emblement?

Answer 16

A plant or crop that is considered personal

Question 17

An item can be converted from real to personal property and vice versa by means of which process?

Answer 17

Affixing and severance

Question 18

The major sources of real estate law are legislation at the federal, state, and local level, and…

Answer 18

court decisions

Question 19

What is the primary thrust of federal involvement in real estate law?

Answer 19

broad regulation of usage

Question 20

What level of government controls zoning laws?

Answer 20

county and local

Question 21

A grocer temporarily installs special fruit and vegetable coolers in a leased grocery store in order to prevent spoilage. The coolers would be considered which of the following?

Answer 21

Trade fixtures that are personal property

Question 22

Under the doctrine of littoral rights, an owner claims ownership of all of the land underlying a lake where there are three other abutting property owners. Which of the following are true?

Answer 22

The owner’s claim is invalid because the state owns the underlying land