Quiz 8 Property Rights: Estates and Tenancies; Condos, Cooperatives and Timesharing Flashcards
Extreme wind and 15-foot waves washed away half of the water frontage of John’s bayfront property. This violent tearing away of the soil is known as what?
A) Reliction
B) Mass wasting
C) Alluvial damage
D) Avulsion
D) Avulsion
A river has deposited soil that had been carried downstream. The buildup soil on the bank is called what?
A) Accretion
B) Avulsion
C) Erosion
D) Reliction
A) Accretion
If the disclosure summary for a homeowner’s association is not provided to the buyer prior to signing the contract for sale, the status of the contract is
A) voidable at the buyer’s option prior to closing.
B) not affected.
C) immediately void.
D) voidable at the option of the seller within three days.
A) voidable at the buyer’s option prior to closing.
Tom and Elaine are a married couple. They purchased a house together as a tenancy by the entireties. Will they still own the house together if they get a divorce?
A) Yes, but they will own the house as tenants in common.
B) Yes, but they will own the house as tenant by the entireties.
C) No. The ownership is stopped when the divorce is final.
D) No. They will need to become life tenants.
A) Yes, but they will own the house as tenants in common.
The right of an owner to own to the average high water mark is
A) accretion.
B) alluvion.
C) riparian.
D) littoral.
D) littoral.
The ownership presumed by law unless otherwise stated is which of these forms?
A) Tenancy in common
B) Joint tenancy
C) Periodic tenancy
D) All of the above
A) Tenancy in common
Which is NOT a test for determining if something is a fixture?
A) Damage
B) Intent of the parties
C) Situs
D) Adaptability
C) Situs
Three of the purposes of the _______________ are to (1) Give statutory recognition to real property timeshare plans and personal property timeshare plans in this state. (2) Establish procedures for the creation, sale, exchange, promotion, and operation of timeshare plans. (3) Provide full and fair disclosure to the purchasers and prospective purchasers of timeshare plans.
A) Florida Condominium Act
B) Florida Landlord and Tenant Act
C) Florida Vacation Plan and Timesharing Act
D) Florida Uniform Land Sales Practices Law
C) Florida Vacation Plan and Timesharing Act
The bundle of rights includes all EXCEPT
A) the right to sell.
B) the right to mortgage.
C) the right to dedicate.
D) the right to abandon.
D) the right to abandon.
The Homeowner’s Association disclosure summary language should be
A) available to all prospects upon viewing the property.
B) given to interested parties, at their request.
C) contained in the purchase and sale agreement in conspicuous type.
D) given to the buyer at closing.
C) contained in the purchase and sale agreement in conspicuous type.
The system of ownership of real property in the United States is
A) incorporeal.
B) allodial.
C) inchoate.
D) feudal.
B) allodial.
What is the highest and best ownership?
A) Fee Defeasible
B) Life Estate
C) Estate for Years
D) Fee Simple
D) Fee Simple
The purpose of the _________________________ is to give statutory recognition to the cooperative form of ownership of real property. It shall not be construed as repealing or amending any law now in effect, except any law in conflict herewith, and any such conflicting laws shall be affected only insofar as they apply to cooperatives.
A) Florida Condominium Act
B) Florida Landlord and Tenant Act
C) Florida Cooperative Act
D) Florida Uniform Land Sales Practices Law
C) Florida Cooperative Act
Joan and Suzie were co-owners of a property. They took the title at the same time, had an equal interest, had the same deed, and had an undivided interest. Joan dies. What will happen to the property now?
A) The property is inherited by Joan’s family.
B) The property is divided between Joan’s family and Suzie.
C) The property is owned by Suzie in severalty.
D) The property is owned by the state.
C) The property is owned by Suzie in severalty.
How many days does a buyer have to cancel a purchase contract of a cooperative when purchasing from a seller who is NOT a developer?
A) 30
B) 18
C) 5
D) 3
D) 3
The purpose of the ________________________is to give statutory recognition to the condominium form of ownership of real property, and to establish procedures for the creation, sale, and operation of condominiums.
A) Florida Condominium Act
B) Florida Landlord and Tenant Act
C) Florida Cooperative Act
D) Florida Uniform Land Sales Practices Law
A) Florida Condominium Act
Which would NOT be an appurtenance?
A) A right
B) A privilege
C) An improvement
D) A potted plant
D) A potted plant
Community Development Districts are often _____ with mixed uses.
A) located near developments
B) Planned Unit Developments (PUDS)
C) very expensive developments
D) paid by state taxes
B) Planned Unit Developments (PUDS)
Which BEST describes a fixture?
A) It is considered to be personal property.
B) It was at one time movable.
C) It is usually removed upon the sale of the property.
D) It is not considered real property.
B) It was at one time movable.
Joe rents a building where he has an ice cream store. He wants to put in an ice cream freezer that will hold 28 varieties of ice cream. He will need to affix the freezer in order to obtain water and electricity to power the freezer. Can he do this?
A) Yes. He is a commercial tenant, and this is a trade fixture.
B) Yes. He can affix the freezer, but he must leave it when his lease is up.
C) No. This would be considered a fixture, and he cannot damage the landlord’s property.
D) No. He cannot connect to the water and electricity.
A) Yes. He is a commercial tenant, and this is a trade fixture.
The term real estate includes all EXCEPT
A) anything permanent affixed.
B) air rights.
C) subsurface rights.
D) personal property.
D) personal property.
Real property can be converted into personal property by
A) severance.
B) accession.
C) conversion.
D) affixing.
A) severance.
Joint Tenancy
A) can be created at any time with different deeds.
B) does not provide for the right of survivorship.
C) is ownership allowed only between a husband and wife.
D) needs the four unities to be created.
D) needs the four unities to be created.
Trees and perennial bushes are considered to be
A) emblements.
B) Fructus industriales.
C) Fructus naturales.
D) personal property.
C) Fructus naturales.
