Chapter 26: Real Property Control

Question 1

Owner or lessor conveys right to possess or use the property to a lessee (tenant) for certain period of time.

Answer 1

Leasehold Estates

Question 2

uncommon ownership to married individuals. (North Carolina)

Answer 2

Tenancy by the Entirety

Question 3

property acquired during marriage. Each spouse owns an undivided half-interest.

Answer 3

Community Property

Question 4

termination of lease without notice.

Answer 4

Tenancy at Will

Question 5

tenant wrongfully possesses property

Answer 5

Tenancy at Sufferance

Question 6

right of a person to make limited use of another person’s real property without taking anything from the property.

Answer 6

Easement

Question 7

right to go onto another’s land and take away some part of the land itself or some product of the land.

Answer 7

Profit

Question 8

owner of property (dominant) has right to go onto adjacent property (servient). Easement goes with the land at sale or transfer.

Answer 8

Easement or Profit Appurtenant

Question 9

right to go onto non-adjacent property by business or utility company. Easement goes with the land at sale or transfer.

Answer 9

Easement or Profit in Gross

Question 10

revocable right of a person to come onto other person’s land. Grants no interest in the land.

Answer 10

License

Question 11

Seller’s duty to disclose hidden defects.

Answer 11

Implied Warranty

Question 12

Written instrument setting forth the interests in real property being transferred.

Answer 12

Deeds

Question 13

5 necessary components of a Deed

Answer 13

Names of Grantor and Grantee.
Words evidencing intent to convey. Legally sufficient description of the land (including metes and bounds).
Grantor’s Signature.
Delivery of the Deed.

Question 14

Prevents the previous owner from fraudulently conveying the same interest to another buyer.

Answer 14

Recording Statutes

Question 15

grantor is obligated to transfer title that is free from encumbrances and defects.

Answer 15

Marketable Title

Question 16

Occurs when one person possesses the property of another for a certain statutory period of time, that person automatically acquires title to the land, just as if there had been a conveyance by deed.

Answer 16

Adverse Possession

Question 17

To be able to claim Adverse Possession, what 4 things must you prove?

Answer 17

Actual and exclusive.
Open, visible and notorious.
Continuous and peaceable.
Hostile and adverse.

Question 18

The Fifth Amendment gives the government the right to take (condemn) private land for “public use” with just compensation to owner.

Answer 18

Eminent domain

Question 19

Government takes land without paying compensation at all.

Answer 19

Inverse Condemnation

Question 20

Private restriction on use of land, usually binding because it “runs with the land” (in the deed).

Answer 20

Restrictive Covenants

Question 21

allows exception to the zoning rules.

Answer 21

Variances

Question 22

encourages development, usually by tax incentives and abatements.

Answer 22

Special Incentives

Question 23

fee simple, life or leasehold estate) give the owner a right to possess the land.

Answer 23

Possessory interests

Question 24

(easement, profit or license) do not give the owner a right to possess the land.

Answer 24

Non-possessory interests

Question 25

Gives the owner the greatest aggregation of rights, powers and privileges possible under law.

Answer 25

Fee Simple (Absolute)

Question 26

interference with another’s right to use and enjoy his property.

Answer 26

Nuisance

Question 27

Estate that lasts for the life of some specified individual.

Answer 27

Life Estates

Question 28

each owns undivided interest. At death, interest passes to surviving joint tenant(s).

Answer 28

Joint Tenancy

Question 29

each owns an undivided interest in the property. At death, interest passes to tenant’s heirs.

Answer 29

Tenancy in Common

Question 30

uncommon ownership to married individuals. (North Carolina)

Answer 30

Tenancy by the Entirety

Question 31

property acquired during marriage. Each spouse owns an undivided half-interest.

Answer 31

Community Property