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Real Estate Study Notes > SU # 02__Real Property Rights > Flashcards

SU # 02__Real Property Rights Flashcards

1
Q

What guarantees the right of private ownership of real estate in the United States?

A

The Constitution

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2
Q

Which of the following is the best definition of real estate?

a. Land and personal property
b. Unimproved land
c. Land and everything permanently attached to it
d. An ownership interest in land and improvements

A

c. Land and everything permanently attached to it

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3
Q

Which of the following is included in the legal concept of land?

a. The surface of the earth and all natural things permanently attached to the earth
b. Only the surface of the earth that is delineated by boundaries
c. The surface of the earth except for lakes and streams
d. Everything above, on and below the surface of the earth

A

a. The surface of the earth and all natural things permanently attached to the earth

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4
Q

What are the three unique physical characteristics of land?

A

Immobile, indestructible, heterogeneous

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5
Q

The primary distinction between the legal concepts of land and real estate is that

A

land does not include man-made structures

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6
Q

The primary distinction between the legal concepts of real estate and real property is that

A

real property includes ownership of a bundle of rights.

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7
Q

Which of the following is included in the bundle of rights inherent in ownership?

a. To inherit
b. To tax
c. To transfer
d. To vote

A

c. To transfer

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8
Q

Which of the following is an example of intangible property?

a. Real estate
b. Personal property
c. Artwork
d. Stock

A

d. Stock

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9
Q

The right to use real property is limited by

a. the right of others to use and enjoy their property.
b. the police.
c. taxation and subordination.
d. Title 12 of the U.S. Civil Code.

A

a. the right of others to use and enjoy their property.

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10
Q

Surface rights, air rights and subsurface rights are

a. inviolable.
b. unrelated.
c. separable.
d. not transferrable

A

c. separable.

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11
Q

Which of the following terms refers to the rights of a property that abuts a stream or river?

a. Allodial
b. Alluvial
c. Littoral
d. Riparian

A

d. Riparian

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12
Q

What part of a non-navigable waterway does the owner of an abutting property own?

A

b. To the middle of the waterway

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13
Q

What is the “Doctrine of Prior Appropriation?”

A

c. A doctrine that gives the state control of water use and the water supply

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14
Q

Which of the following is considered real property?

a. A tree growing on a parcel of land
b. A tree that has been cut down and is lying on a parcel of land
c. A tractor used to mow grass on a parcel of land
d. A prefabricated shed not yet assembled on a parcel of land

A

a. A tree growing on a parcel of land

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15
Q

The overriding test of whether an item is a fixture or personal property is

a. how long it has been attached to the real property.
b. its definition as one or the other in a sale or lease contract.
c. how essential it is to the functioning of the property.
d. how it was treated in previous transactions

A

b. its definition as one or the other in a sale or lease contract.

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16
Q

What is an emblement?

A

d. A plant or crop that is considered personal property

17
Q

An item can be converted from real to personal property and vice versa by means of which processes?

A

c. Affixing and severance

18
Q

The major sources of real estate law are legislation at federal, state and local level, and

A

a. court decisions.

19
Q

What is the primary thrust of federal involvement in real estate law?

A

c. Broad regulation of usage

20
Q

Which level of government controls zoning laws?

A

d. County and local

21
Q

A grocer temporarily installs special fruit and vegetable coolers in a leased grocery store in order to prevent spoilage. The coolers would be considered which of the following?

a. Trade fixtures that are real property
b. Trade fixtures that are personal property
c. Permanent fixtures that are real property
d. Permanent fixtures that are personal property

A

b. Trade fixtures that are personal property

22
Q

Under the doctrine of littoral rights, an owner claims ownership of all of the land underlying a lake where
there are three other abutting property owners. Which of the following is true?

a. The owner’s claim is invalid, because the state owns the underlying land.
b. The owner’s claim is invalid, because the underlying land is shared equally with the other owners.
c. The owner’s claim is invalid, because he may only own underlying land to the middle of the lake.
d. The owner’s claim is valid, because the lake is navigable.

A

a. The owner’s claim is invalid, because the state owns the underlying land.

23
Q

Which government entity is the primary regulator of the real estate business?

A

The state

24
Q

The concerns of the federal government in regulating real property rights include

discrimination.

real estate taxes

types of ownership.

school districts.

A

discrimination

25
Q

Surface rights include which of the following?

Subsurface rights

Water rights

Mineral rights

Air rights

A

Water rights

26
Q

What are the three unique physical characteristics of land?

A

Immobile, indestructible, heterogeneous.

27
Q

The primary distinction between the legal concepts of land and real estate is that

A

land does not include man-made structures

28
Q

When may an item attached to a structure be considered personal property rather than real property?

A

When the owner originally intended to remove it before conveying the property.

29
Q

Which is the “best” description of “Land”?

Soil, ground and earth, plus any improvements and fixtures attached, mines, minerals and some airspace.

Only the surface of the earth that is delineated by boundaries.

The surface of the earth except for lakes and streams.

Everything above, on, and below the surface of the earth.

A

Everything above, on, and below the surface of the earth.

30
Q

Which of these is the best definition for personal property?

Any property owned by an individual.

Real property that is not attached to real estate.

Any property that is not classified as real property.

Anything that includes real property.

A

Any property that is not classified as real property.

31
Q

What part of a non-navigable waterway does the owner of an abutting property own?

A

To the middle of the waterway

32
Q

What do we call the conversion of real property to personal property by detaching it from the real estate?

A

Severance

33
Q

A property abutting a static body of water has ___________ rights.

A

Littoral

Real Estate Study Notes (70 decks)

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