Chapter 8: Real Property Rights (MC) Flashcards

1
Q

Which estate does NOT include legal title to real property?

a. estate for years
b. fee simple estate
c. life estate
d. estate by the entireties

A

a. estate for years

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2
Q

Florida timeshare projects are regulated by the

a. Florida Real Estate Commission.
b. Department of Community Affairs.
c. Division of Florida Condominiums, Timeshares and Mobile Homes.
d. Department of Housing and Urban Development.

A

c. Division of Florida Condominiums, Timeshares and Mobile Homes.

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3
Q

Able, who holds title in fee simple, deeds land to Baker to enjoy until his death. At that time Charlie is to receive title to the land. Baker’s interest in the land is known as a(an)

a. fee simple estate.
b. life estate.
c. remainder estate.
d. estate for years.

A

b. life estate.

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4
Q

Based on the information in the previous question, Charlie’s interest in the land is a(an)

a. reversion estate.
b. remainder estate.
c. estate for years.
d. joint estate.

A

b. remainder estate.

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5
Q

What rights does a property owner have to the use of water flowing over or through his or her land?

a. riparian
b. littoral
c. flowage
d. aquifer

A

a. riparian

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6
Q

A potential purchaser of a new timeshare can cancel the contract without penalty within how many days?

a. 10
b. 20
c. 30
d. 40

A

a. 10

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7
Q

Which statement best describes a tenancy at sufferance?

a. The tenant suffers from the landlord’s failure to maintain the property.
b. The landlord suffers from the tenant’s failure to pay rent.
c. The lease instrument is valid.
d. The tenant remained in possession after expiration of a lease.

A

d. The tenant remained in possession after expiration of a lease.

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8
Q

A tenancy at will is best described as

a. a lease which can be terminated at the will of the landlord or tenant by giving legal notice.
b. any lease for less than a year.
c. a written lease which provides a definite beginning and ending date.
d. any tenancy created by a written lease.

A

a. a lease which can be terminated at the will of the landlord or tenant by giving legal notice.

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9
Q

The elective share right in Florida is

a. 50% of real estate only.
b. 30% of the real and personal property owned at the time of death.
c. 30% of all property owned and obtained by the decedent during the marriage.
d. one-third of all property.

A

b. 30% of the real and personal property owned at the time of death.

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10
Q

The full bundle of rights in real property includes

a. destruction, use and extinction.
b. destruction, use and enjoyment.
c. use, expatriation and enjoyment.
d. disposition, use and exclusion.

A

d. disposition, use and exclusion.

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11
Q

Tests used by courts to determine whether an item is real or personal property include

a. intent, relationship of the parties, method of annexation and adaptation.
b. intent, abandonment, redemption and accretion.
c. size, annexation, avulsion and adaptation
d. intent, size, annexation and redemption.

A

a. intent, relationship of the parties, method of annexation and adaptation.

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12
Q

The four unities required to create a joint tenancy are

a. interest, survivorship, possession and time.
b. possession, deed, title and time.
c. possession, interest, time and title.
d. person, use, interest and purpose.

A

c. possession, interest, time and title.

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13
Q

The law of descent and distribution passes what percentage to a surviving spouse if there are no lineal descendants?

a. 30%
b. 33%
c. 50%
d. 100%

A

d. 100%

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14
Q

A form of corporate ownership which allows possession under a proprietary lease is a

a. condominium
b. tenancy in common.
c. joint tenancy.
d. cooperative.

A

d. cooperative.

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15
Q

Paul and Paula are husband and wife. They own a property as tenants by the entireties. They divorce without a property settlement. Unless otherwise decreed by a court, they how hold title as

a. joint tenants.
b. tenants in common.
c. tenants by the entireties.
d. joint tenants with the right of ownership.

A

b. tenants in common.

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