LAW CHP5 Flashcards
If a tenancy is terminated before a crop is ready to harvest, a tenant farmer has the right to re-enter the land later to harvest the crop. This rule is known as the doctrine of
a. appurtenance.
b. constructive annexation.
C emblements.
d. fructus industriales.
C emblements.
Lis in the process of selling her house. On the closing date, the built-in microwave is at the repair shop. As a result, the microwave
a. is L’s personal property and will not be considered part of the sale.
b. will be considered part of the sale under the doctrine of constructive annexation.
c. will have to be conveyed under a separate contract, since it was not actually in the house at the time of the sale.
d. is the property of the first person to retrieve it from the repair shop.
b. will be considered part of the sale under the doctrine of constructive annexation.
In determining whether an item is a fixture, the most important test is
a. the intention of the annexer.
b. the relationship of the parties.
C the size of the item.
d. whether it is physically attached to the realty.
a. the intention of the annexer.
Trade fixtures
a. are considered the landlord’s personal property.
b. are considered real property and cannot be removed by the tenant.
c. can be removed by the tenant before the lease expires.
d. cannot be removed unless the lease specifically states they are personal property.
c. can be removed by the tenant before the lease expires.
A candy maker has a five-year lease. The lease states that any improvements the tenant makes to the premises will become part of the real property and pass to the landlord at the end of the lease. The candy maker installs a marble counter on which to roll the candy. When the lease is up, the candy maker may
a. not remove the counter because they did not ask the owner if they could install it.
b. not remove the counter because of the written agreement.
C. remove the counter because it is not a fixture.
d. remove the counter because it is a trade fixture.
b. not remove the counter because of the written agreement.
The Erie Railroad’s tracks run through downtown Lumpington. The railroad owns the property around its tracks. The Colossus Corporation wants to buy the airspace above the tracks to build a shopping complex. Which statement is TRUE?
a. Colossus can buy the air rights from the railroad.
b. Colossus must buy the air rights from the federal government, since it has control over airspace.
C. Unlike other appurtenant rights, air rights cannot be sold separately from the property.
d. Colossus cannot refuse to sell the air rights if the development would not interfere with operations.
a. Colossus can buy the air rights from the railroad.
Towns two tracts of property. Fierce Creek runs through one tract, but the other tract is across the road and does not adjoin the creek. T uses water from the creek to irrigate his crops on both tracts. This use of the water is
a. illegal.
b. illegal, unless Fierce Creek is navigable.
C. legal, if T has an appropriation permit.
d. legal, since T has a riparian right to the use of the water.
C. legal, if T has an appropriation permit.
Jowns property along a navigable river in Ohio. Which statement is TRUE?
a. The federal government owns the riverbed.
b. J is not entitled to use the water because it is owned by the federal government.
C. J owns the section of the riverbed adjoining the property out to the middle of the river.
d. The state government owns the riverbed.
C. J owns the section of the riverbed adjoining the property out to the middle of the river.
The rule of capture provides that
a. oil and gas remain real property even after being captured.
b. oil and gas rights cannot be sold separately from the land.
C. a property owner who drills a well owns all of the oil or gas it produces, even though some migrated under a neighbor’s land.
d. oil and gas rights may be retained by a seller of the
land
C. a property owner who drills a well owns all of the oil or gas it produces, even though some migrated under a neighbor’s land.
Ohio’s statute concerning abandoned mineral interests
a. applies only to unused coal rights.
b. applies only when the holder of the mineral interest is someone other than the owner of the surface property.
C. does not apply to oil and gas rights.
d. terminates interests that have been inactive for five years or more.
b. applies only when the holder of the mineral interest is someone other than the owner of the surface property.
