Section 1 Test Questions

Question 1

A tenant continues to occupy an apartment after lease expiration without the consent of the landlord. This type of estate is called

Answer 1

An estate in sufferance -

tenant occupies the premises without consent of the landlord or other legal agreement with the landlord.

Question 2

Carissa and Robert acquire a condominium as tenants in common. In this circumstance, Carissa can

Answer 2

Sell her interest to a third party without the consent of Robert.

Question 3

Littoral rights apply to which of the following?

Answer 3

Navigable lakes, seas, and oceans

Question 4

Which of the following is true of a joint tenancy?

Answer 4

The tenants have an equal and indivisible ownership interest

Question 5

Six people have identical rights in a property and enjoy an indivisible interest. However any of the owners may sell or transfer his/her interest without consent of the others. This form of ownership is a

Answer 5

Tenancy in common

Question 6

In a time-share freehold, owners acquire

Answer 6

undivided interests in the property as tenants in common

Question 7

The “four unities” required to create a joint tenancy include which of the following conditions?

Answer 7

Parties must acquire respective interests at the same time.

Question 8

When an estate is held in a trust, which party holds legal title?

Answer 8

The trustee

Question 9

Which of the following best describes the physical boundaries of land?

Answer 9

The center of the earth, surface, and infinite space above the earth.

Question 10

A retired couple has just bought a retirement home with a pier on a large lake. In this case the retirees’ water rights extend to

Answer 10

The high water mark of the body of water at the shoreline.

Question 11

A landowner conveys a parcel of property with the provision that the land cannot be developed for retail purposes. The new owner immediately begins to develop a retail shopping outlet, the grantor finds out and takes the property back. What kind of estate did this landowner convey?

Answer 11

Fee simple defeasible

Question 12

A homeowner is very upset over a drone that a neighbor flies over his house. He takes his case to court to end this possible violation of rights. Does he have a case, and on what basis?

Answer 12

Yes, the drones infringe on his air rights.

Question 13

If the duration of an owner’s rights in an estate is not determinable, the owner has

Answer 13

a freehold estate.

Question 14

Katelyn rents an apartment for one year. What rights has she acquired under the leasehold?

Answer 14

The right to possess and use the premises.

Question 15

A fee or life estate is held by an individual. This form of estate is referred to as a(an)

Answer 15

Tenancy in severalty

Question 16

Two people own a house, each having an undivided equal interest. Which of the following best describes what each party owns?

Answer 16

50% of the estate consisting of the indivisible whole of the real property.

Question 17

Under what conditions can two individuals own a property as tenants by the entireties?

Answer 17

If they are married

Question 18

Which of the following life estates is created by operation of law rather than by the owner?

Answer 18

Legal life estate

Question 19

When a joint tenant dies, what happens to the tenant’s interest in the estate?

Answer 19

It passes to the surviving joint tenant(s).
Most states, joint tenants enjoy rights of survivorship. If a joint tenant dies all interest and rights pass to the surviving tenants free of claims or debts.

Question 20

An estate at will

Answer 20

terminates on the death of lessor or lessee.

has no definite expiration date and no renewal cycle.

Question 21

The distinguishing feature of a leasehold estate is

Answer 21

duration limited by a lease term.

Question 22

A waterfront homeowner has just died. What will become of the water rights the owner enjoyed while living in the home?

Answer 22

They transfer with the property when the property is sold.

Question 23

By contrast to a condominium, the owner of a cooperative owns

Answer 23

Shares in a corporation or association and a proprietary lease in a physical unit.

Question 24

Which of the following best describes the legal concept of personal property?

Answer 24

Any item of property that is not definable as real property

Question 25

In a community property state, John marries Patricia. Prior to the marriage John owned an SUV. During the marriage, John bought a Buick, John and Patricia bought a second property with money earned from Patricia’s job, and each individual received a motorcycle from Patricia’s uncle as a gift. What property is community property in this marriage?

Answer 25

Buick and the second property

Question 26

Which of the following is true of a cooperative?

Answer 26

A cooperative may hold an owner liable for the unpaid operating expenses of other owners.

Question 27

A real property interest that includes the right to possess is considered

Answer 27

an estate in land

Question 28

Which of the following would be considered an improvement?

Answer 28

A chicken coop permanently attached to the land.

improvements include: fences, streets, buildings, ect.

Question 29

In contrast to a tenancy in common, in a joint tenancy

Answer 29

There is a single title to the property

Question 30

Which of the following is true of a homestead?

Answer 30

A homestead interest cannot be conveyed by one spouse.

Question 31

An estate from period-to-period will continue as long as

Answer 31

the tenant makes, and landlord accepts, regular rent payments.

Question 32

An item may be considered personal property as opposed to real property provided that

Answer 32

the owner installed it at some time after acquiring the real property.

Question 33

The right to encumber a property means that the owner can

Answer 33

Pledge the property as collateral for debt.

Question 34

Homestead estates are examples of

Answer 34

A legal life estate

Question 35

When a tenant in common dies, what happens to the tenant’s interest in the estate?

Answer 35

It passes by probate to the deceased tenants heirs.

Question 36

Which of the following would be defined as real estate as opposed to real property?

Answer 36

wells, driveways, and signs on parcel land

Question 37

In a cooperative, real property is owned only by

Answer 37

the corporate entity of the cooperative association.

Question 38

The “bundle of rights” refers to a set of rights

Answer 38

specified in a deed or land contract.

Question 39

Tanya buys a 4-bedroom condominium. As the new owner, she has the right to

Answer 39

Sell or mortgage the unit without impediment from individual owners of neighboring units.

Question 40

If a co-owner in a joint tenancy or tenancy in common wants to dispose of his or her interest against the wishes of the other co-owners, the co-owner can

Answer 40

sue in court for a termination of the tenancy and partition of the property.

Question 41

Louis owned a boat and a house before marrying Barbara. While she was single, Barbara owned a new car. The two got married and bought a second home. As a wedding present, Barbara’s father bought Louis a motorcycle. Under the law of community property, what property can Louis sell without his wife’s consent or signature?

Answer 41

The boat house and motorcycle-

• Community property consists of all other property earned or acquired by either party during the marriage.
• A spouse owns separate property free and clear of claims by the other spouse. He or she can transfer it without the other spouses signature.
• Community property cannot be transferred or encumbered without the signatures of both spouses.

Question 42

A property owner leases 60 acres of agricultural land for a renewable period of 5 years. In the context of real estate rights, this lease represents a(n)

Answer 42

Transfer of a portion of the bundle of rights

Question 43

Ned grants his sister Alice an estate for as long as she lives. Her descendants, however, cannot inherit the estate. What kind of estate is it?

Answer 43

An ordinary life estate

Question 44

Which of the following is true of a tenancy in common?

Answer 44

The tenants must acquire their interests at the same time.

Question 45

The right to control land usage by zoning and eminent domain is an example of

Answer 45

A public interest

Question 46

A condominium owner’s share of maintenance and operations expenses are based on

Answer 46

The units pro rata share of the property value as defined in the declaration.

Question 47

A tenant in common can

Answer 47

sell or transfer his interest without the consent of the other tenants in common

Question 48

Which of the following best describes a “fixture?”

Answer 48

An item of personal property that has been converted to real property

Question 49

Riparian rights concern which of the following bodies of water?

Answer 49

Streams and rivers