Chapter 5 - Interest In Real Estate

Question 1

A person who has complete control over a parcel of real estate is said to own a

Answer 1

Fee Simple Estate

Question 2

A portion of a man’s house was inadvertently built on his neighbor’s land. This is called an

Answer 2

encroachment

Question 3

Many states determine the order of water rights according to which users of the water hold a recorded beneficial use permit. This allocation of water rights is determined by

Answer 3

The Doctrine of Prior Appropriation

Question 4

The purchase of a ticket for a professional sporting event gives the bearer

Answer 4

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

Question 5

Which if the following has an indefinite duration?

• Freehold Estate
• Less-than-freehold estate
• Estate for years
• License

Answer 5

Freehold Estate

Question 6

If the owner of the dominant tenement becomes the owner of the servient tenement and merges the two properties, the

Answer 6

easement is terminated

Question 7

A decedent left a will giving his neighbor the right to use a well on the decedent’s land as long as the neighbor was alive. The neighbor’s interest in the property is properly called

Answer 7

a life estate

Question 8

A farmer acquired ownership of land that was deposited by a river running through his property by

Answer 8

accretion

Question 9

A women owned the fee simple title to a vacant lot adjacent to a hospital and was persuaded to make a gift of the lot. Her attorney prepared a deed that conveyed 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 a

Answer 9

fee simple determinable

Question 10

The MOST all-inclusive type of real property ownership is a

Answer 10

fee simple estate

Question 11

The rights of the owner of property located along the banks of a river are called

Answer 11

riparian rights

Question 12

The local utility company dug up a property owner’s garden to install a natural gas line. The company claimed it had a valid easement and proved it by the county records. The property owner claimed the easement was not valid because he did not know about it. The easement was…

Answer 12

valid even though the owner did not know about it.

Question 13

The ownership rights to real estate include all of the following EXCEPT

• building located on the property
• air space above the property
• easements running with the land
• navigable rivers running through the property

Answer 13

-navigable rivers running through the property

Question 14

A property owner lets a friend store his camper in her yard for a few weeks until she needs the space. She did not charge rent for the use of her yard. The owner has given her friend.

Answer 14

a license

Question 15

The next-door neighbor use your driveway to reach their garage on their property. Your attorney explains that the ownership of the neighbors real estate includes an easement appurtenant giving them the driveway right. Your property is the

Answer 15

servient tenement

Question 16

An individual owned two acres of land. When he sold one acre to a friend, he reserved for himself an appurtenant easement over the friends land for ingress and egress. The friends land is…

Answer 16

the servient tenement

Question 17

A person owns 50 acres of land with 500 feet of frontage on a desirable recreational lake. The owner wishes to subdivide the parcel into salable lots while retaining control over the lake frontage. The owner wants to allow lot owners to have access to the lake. Which of the following types of access rights would provide the greatest protection for a prospective purchaser.

• An easement by gross
• An appurtenant easement
• an easement by necessity
• a license

Answer 17

an appurtenant easement

Question 18

The primary intent of zoning regulations is to

Answer 18

ensure the health, safety, and welfare of the community

Question 19

The owner of a secluded area adjacent to the Atlantic Ocean noticed that people from town walked along the shore in front of his property. The owner learned that the local citizens had been walking along this beach for years. The owner went to court to try to stop people from walking along the waters edge in front of his property. The owner is likely to be …

Answer 19

unsuccessful because the owners property extends only to the high water mark and the public can use the land beyond this point.

Question 20

A deed conveys ownership to the grantee so as long as the existing building is not torn down. What type of estate did this deed create?

Answer 20

Determinable Fee Estate

Question 21

Which of the following BEST describes a legal life estate?

• Dower Estate
• Estate conveyed by one party for the life of the second party
• Estate created by a will
• Estate conveyed to a second party subject to a condition

Answer 21

Dower Estate

Question 22

For land to be taken by the government under its right of eminent domain, which of the following must apply.

• The taking must be for a public use
• There must be a statutory dedication
• This must be an adverse action
• There must be constructive notice

Answer 22

The taking must be for public use

Question 23

A grandmother 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 …

Answer 23

an estate in remainder

Question 24

A man conveys ownership of his house to his mother and stipulates that upon her death, he will recapture the ownership. The interest the man has in the ownership is a

Answer 24

reversion estate

Question 25

A daughter conveys ownership of her apartment building to a nursing home, anticipating that the rental income will help pay for her father’s care there. When her father dies, the daughter will recapture ownership of the apartment building. This is an example of

Answer 25

Life estate purautre vie

Question 26

A developer grants to the gas company the right to install transmission lines. This right is called

Answer 26

an easement in gross

Question 27

A lot is encumbered by a sewer easement that runs where the foundation of a building would be. How will this affect the owner who wants to build a house?

Answer 27

Any easement though the buildable part of the lot will prevent construction.

Question 28

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
• 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.

Answer 28

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

Question 29

A person wants to ensure that her ownership of real property can be willed to her children. Which of the following forms of ownership would the person want?

• Conventional Life Estate
• A reversionary Interest
• A Legal Life Estate
• Ownership for life

Answer 29

Ownership For Life

Question 30

A life estate conveys to the life tenant…

Answer 30

ownership for life

Question 31

Which of the following is classified as a life estate?

Answer 31

An estate pur autre vie

Question 32

All of the following are powers of the government EXCEPT

• condemnation
• police power
• eminent domain
• taxation

Answer 32

-Condemnation

Question 33

A man conveys ownership of his residence to his daughter but reserves for himself a life estate in the residence. The interest the daughter owns during her fathers lifetime is

Answer 33

a future interest

Question 34

When the river changed course during the last tropical storm, a property owner gained another couple of acres, since his land description read “to the bank of the river”. What is the term for this newly created increase in land?

Answer 34

Reliction

Question 35

All of the following will terminate an easement EXCEPT

• nonuse of a prescriptive easement
• adverse possession by the owner of the servient tenement
• abandonment of easement
• release of the right of easement to the dominant tenement.

Answer 35

-release of the right of easement to the dominant tenement.

Question 36

A person wants to ensure that the ownership of real property can be willed to surviving children. Which of the following forms of ownership would the person want?

• a joint tenancy
• a license
• a fee estate
• a conventional life estate

Answer 36

a fee estate

Question 37

A daughter conveys the ownership of her apartment building to a nursing home, anticipating that the rental income will help pay for her father’s care there. When her father dies, the daughter will recapture the ownership of the apartment building. This is an example of a …

Answer 37

life estate pur autre vie