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1. The owner of real property has relatively exclusive rights to the
airspace above the land.
1. The owner of a fee simple absolute has the right to use property for
whatever purpose he or she sees fit.
1. Plant life is not considered to be real property.
1. Only two persons can hold property as tenants in common.
1. A tenancy by the entirety is created by a conveyance of all of a
parcel of real property to a single tenant.
1. If property is owned as community property, a spouse owns an
undivided one-half interest in it.
1. A fixed-term tenancy is created when a lease does not specify its
duration.
1. A profit is the right to make limited use of another person’s real
property without taking anything from the property.
1. The sale of real estate involves a transfer of ownership with no specific
warranties—if there are warranties, the transfer is not a sale.
1. In most states, the seller of a new house warrants that it is fit for
habitation even if the deed does not include such a warranty.
1. Metes and bounds is the traditional term for the negotiations that
result in a transfer of real property.
1. A quitclaim deed conveys to the grantee whatever interest the grantor
had.
1. A recording statute allows deeds to be recorded in the public record.
1. Eminent domain is the right of an owner in fee simple absolute to
use property to whomever he or she wishes.
1. The Constitution limits the exercise of the power of eminent domain.
1. Most states allow the government to take private property for a private
use.
1. Inverse condemnation occurs when an owner simply gives private
property to the government without accepting any compensation.
1. Zoning laws manage the development and use of land.
1. Zoning restrictions are absolute.
1. A state cannot regulate the overall appearance of a community.
1. Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn,
and other structures permanently attached. Kailin grows soybeans on
the property. A pond lies within the boundaries. Land includes
a. the pond, the soil, and the structures.
b. the pond and the soil only.
c. the soil only.
d. the structures and the soil only.
1. Luke owns a farm near Marshalltown, Iowa, with stands of trees
serving as windbreaks. Luke grows corn on the property. When Luke
sells the farm to Nina, if the contract does not specify otherwise, the
sale includes
a. neither the crops nor the trees.
b. the crops and the trees.
c. the crops only.
d. the trees only.
1. Nikita owns land in Ohio. Her ownership rights include the right
to sell or give away the property without restriction, and the right to commit
waste, if she chooses.
Refer to Fact Pattern 26-1A. Nikita’s ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
1. Nikita owns land in Ohio. Her ownership rights include the right
to sell or give away the property without restriction, and the right to commit
waste, if she chooses.
Refer to Fact Pattern 26-1A. Nikita conveys some of her land to Reggie with
the right to possess and use the property for a certain period of time.
Nikita has given Reggie
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
1. Klondike and Leola own 10,000 shares of stock in My-T Gro
Corporation. On the death of ether owner, that owner’s interest in the
stock passes to the surviving owner. This is
a. a joint tenancy.
b. a life estate.
c. a tenancy in common.
d. ownership in fee simple absolute.
1. Buster conveys one square block in Center City “to Diana for life, then
to Center City.” For Diana, this creates
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
1. Quito and Raul own a condo near San Francisco Bay as joint tenants.
Raul sells his ownership rights in the condo to Timor. Quito and Timor
own the condo as
a. community property owners.
b. joint tenants.
c. tenants at sufferance.
d. tenants in common.
1. LaDonna signs a one-year lease with Mae to occupy an apartment in
Ames, Iowa, near the University of Iowa. LaDonna needs the apartment
only for two semesters and may have to sublet it for the rest of the
term. LaDonna’s tenancy is
a. a periodic tenancy.
b. a tenancy at will.
c. a tenancy by the entirety.
d. a fixed-term tenancy.
1. Glen, the owner of Harvest Farm, and Ima, the tenant of the farmhouse
on the property, may create a fixed-term tenancy by
a. deed.
b. express contract.
c. implication.
d. sufferance.
1. Uberto and Vicki are married and own a mountain cabin in Wyoming in
such a way that neither may transfer separately his or her interest
during his or her lifetime. Uberto and Vicki own the lodge as
a. community property owners.
b. tenants at sufferance.
c. tenants by the entirety.
d. tenants in common.
1. Cow Country Corporation (CCC) sells half of its land to the Double R
Ranch. On the land is a reservoir. In the deed, CCC retains the right
to remove a limited amount of water per day from the reservoir. This
right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
1. Mix-It Concrete Company has the right to enter Nim’s land and remove
the rock from Nim’s quarry. This is
a. a fee simple absolute.
b. a license.
c. an easement.
d. a profit.
1. Region Construction Company has a right to drive its trucks across
Stable Business, Inc.’s property, which is adjacent to Region’s office.
This right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
1. Tyro has the right to drive across Ula’s land, which is next to Tyro’s
property, to reach an access road. Tyro’s right is
a. an easement appurtenant.
b. an easement in gross.
c. a profit appurtenant.
d. a profit in gross.
1. Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile
land overnight. Gina’s right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
1. Moby leases from National Theater Corporation a theater in which to
stage a series of concerts. Ollie buys a ticket to the series. What
distinguishes Moby, a tenant, from Ollie, a licensee, is
a. the exclusivity of possession.
b. the quiet enjoyment of rights.
c. the temporary nature of possession.
d. the title to the property.
1. Mello Farms, Inc., wants to add a covenant to run with the land to its
conveyance of some of its property to New Commodities, Inc. To be
enforceable, this covenant must
a. be conveyed for “just compensation.”
b. include a burden that has a connection to the property.
c. substantially alter the essential character of the property.
d. all of the choices.
1. Quik Development Corporation wants to convert farmland on the out-
skirts of River City into residential and commercial property. The state
restricts the conversion of farmland by subjecting development plans to
the approval of State Development Agency. This is an exercise of the
state’s
a. police power.
b. power of eminent domain.
c. restrictive covenant.
d. zoning power.
1. County Zoning Commission classifies Dale’s vacant land as single-
family residential. This is not in accord with the general plan, which
designates the area commercial. Surrounding parcels are zoned com-
mercial. Under the equal protection of the Fourteenth Amendment, this
is
a. an exercise of the state’s police power.
b. a taking.
c. a zoning variance.
d. discriminatory.
1. Metro City Zoning Board limits the number of residential building
permits in an area otherwise zoned for the use, precluding Nan, whose
proposed structure complies with all other requirements, from
constructing a residence on her property within the area. This is
a. a growth-management ordinance.
b. a subdivision regulation.
c. a zoning use restriction.
d. a zoning variance.
1. Chrissy and Devon are not married to each other, but they share the
ownership of Elm Street Offices, a commercial building. When they
acquired the building, they agreed in writing that if one dies, the other
inherits his or her interest. Are Chrissy and Devon concurrent owners?
If so, in what type of concurrent ownership are their rights held? If not,
how is their ownership classified?
1. Bay City exercises its power of eminent domain to acquire land for a
public project, including part of a mass transit monorail and a traffic
bypass. Bay City relocates more than 10,000 residents from the land
and destroys their homes to begin the project. Cho’s Sweet Treats is a
bakery at the edge of the area. Cho’s loses most of its business when
the residents are moved. Cho’s files a suit against Bay City, alleging
that the city’s acquisition of the land resulted in a taking of the
bakery’s property interest, entitling it to compensation. What is a
taking? What might Cho’s claim is its “property interest” to support this
allegation? What is the court likely to rule? Why?
