Chapter 26b Land includes all of the waters on its surface

Document Type
Test Prep
Book Title
The Legal Environment of Business: Text and Cases: Ethical-- Regulatory-- Global-- and Corporate Issues 8th Edition
Authors
Frank B. Cross, Roger LeRoy Miller
1. Land includes all of the waters on its surface.
1. In a fee simple absolute, the owner has the greatest aggregation of
rights, privileges, and power possible.
1. Persons who share ownership rights simultaneously are life tenants.
1. A joint tenant’s sale of his or her interest terminates the tenancy.
1. It is presumed that a co-tenancy is a joint tenancy unless there is a
clear intention to establish a tenancy in common.
1. No tenant has a qualified right to the exclusive possession of leased
real property.
1. An easement arises when the owner of one piece of land occupies the
real property of a neighbor and eventually acquires title to it.
1. An easement may arise by implication.
1. A profit is a right to go onto land owned by another and take away
some part of the land itself or some product of the land.
B10. A license is the revocable right of a person to come onto another
person’s land.
B11. Real estate sales contract are often made contingent on the buyer
obtaining financing.
B12. A seller generally has a duty to disclose any known defect that materi-
ally affects the value of the property.
B13. A special warranty deed provides the most protection against defects
of title.
B14. For a party to take by adverse possession, the party’s possession must
not be open, visible, or notorious.
B15. Eminent domain is the right of an owner in fee simple absolute to
transfer property to whomever he or she wishes.
B16. The government can take private property for a public use.
B17. Any restriction on an owner’s use of his or her land is a taking that re-
quires the payment of just compensation.
B18. Most states do not limit the government’s ability to take private
property and give to private developers.
B19. Land assigned by zoning laws for business activities is designated as
being for commercial use.
B20. There are no exceptions to zoning laws.
1. Lucky owns Mud Flats Ranch, which is situated on certain Nevada
acreage. The exterior boundaries of the land extend
a. 100 feet into the earth and 100 feet into the atmosphere.
b. one mile into the earth and one mile into the atmosphere.
c. to infinity and beyond.
d. to the center of the earth and up to the farthest reaches of the
atmosphere.
1. Orin owns Pilot’s Landing Office Park. His ownership rights include the
right to sell or give away the property without restriction, as well as the
right to commit waste, if she chooses. Orin’s ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. the power of eminent domain.
1. Patsy possesses twenty-four acres of remote, rugged land. Patsy has
the right to use the property, including extracting silver from an existing
mine, for life. Patsy also has the right to lease the land for a period
not to exceed her life. This ownership interest is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. the power of eminent domain.
1. Edna and Flavia buy a boat that they dock in a marina near Gulfport,
Mississippi. On the death of either owner, that owner’s interest in the
boat passes to her heirs. This is
a. a joint tenancy.
b. a life estate.
c. a tenancy in common.
d. ownership in fee simple absolute.
1. Ian and Jackie take title to a drive-through Koffee Kiosk in such a way
that if one dies, the other will be the sole owner. Ian and Jackie own
the kiosk as
a. co-owners in fee simple.
b. joint tenants.
c. tenants by the entirety.
d. tenants in common.
1. Jody and Kent each own one-half of Local Motion, a club, as a tenant
in common. Kent sells his interest to Meri, who now owns
a. no interest in the firm.
b. the firm in fee simple.
c. the firm with Jody as joint tenants.
d. the firm with Jody as tenants in common.
1. Jamal signs a lease with Kelvin to occupy a house on Leech Lake in
Minnesota for the summer. Jamal’s tenancy is
a. a fixed-term tenancy.
b. a periodic tenancy.
c. a restrictive covenant.
d. a tenancy at will.
1. Cornucopia Farms LLC possesses farmland. Cornucopia has the right
to use the property, including harvesting the crops, for ten years.
Cornucopia does not have the right to extract the coal under the land.
This is
a. a fee simple absolute.
b. a leasehold estate.
c. a life estate.
d. an easement.
1. Utility Power Company has the right to run its power lines across
Velma’s land. This is
a. a license.
b. an easement.
c. a profit.
d. a tenancy at sufferance.
B10. With respect to Egor’s land, Fig has an easement, Gabe has a profit,
and Huck has a license. A right to possess the land is owned by
a. Egor.
b. Fig.
c. Gabe.
d. Huck.
B11. Rolling Stock Company has used a strip of Storage Warehouse
Corporation’s land, which adjoins its property, as a right-of-way for
years. The use has been apparent, without Storage’s permission, for a
period time equal to the applicable statute of limitations. Rolling’s use
has created
a. an easement.
b. a profit.
c. a tenancy at sufferance.
d. a license.
B12. Mineral Products Corporation, which owns no land, has a right to mine
the copper from Natural Resource Company’s land. Mineral’s right is
a. a leasehold estate.
b. a license.
c. an easement.
d. a profit.
B13. Opal conveys three acres of wetlands to Pristine Places, Inc., with a
deed that warrants only that Opal held good title during her ownership
of the property. This deed is
a. a grant deed.
b. a quitclaim deed.
c. a special warranty deed.
d. a warranty deed.
B14. To acquire the ownership of a vacant lot by adverse possession,
Durwood must occupy the lot exclusively, continuously, and peaceably
for a specified period of time
a. in an, open, hostile, and adverse manner.
b. until the owner files a suit.
c. without the owner’s knowledge.
d. with the state’s permission.
B15. To acquire the ownership of a mountain cabin by adverse possession,
Cody must occupy the cabin exclusively, continuously, and peaceably
for a specified period of time
a. in an, open, hostile, and adverse manner.
b. until the owner files a suit.
c. without the owner’s knowledge.
d. with the state’s permission.
B16. Sunny City wants to acquire undeveloped land within the city limits to
convert into a public park. Sunny City brings a judicial proceeding to
obtain title to the land. This is an exercise of
a. eminent domain.
b. police power.
c. restrictive covenant.
d. zoning power.
B17. To widen a highway, the state of Ohio obtains, through a judicial pro-
ceeding, title to the individual lots in a residential neighborhood. A
subsequent proceeding will determine
a. how much the former owners should be paid for their property.
b. how soon the former owners should vacate their property.
c. how wide the highway should be.
d. whether the planned highway would violate any zoning laws.
B18. Birch Woods Development, Inc., includes, on the map of a twenty-lot
development, a restriction that limits construction on each lot to one
single-family house. Birch files the map in the appropriate public office.
In each lot’s deed is a reference to the map and a provision that each
buyer “and his or her successors, heirs, or assigns” are bound to it.
Cub buys one of the lots and later sells it to Dag. With respect to the
restriction, Dag is
a. bound.
b. not bound, because Dag is not a “successor, heir, or assign.
c. not bound, because Dag is not the original buyer of the lot.
d. not bound, because of a lack of sufficient notice in the deed.
B19. County Zoning Commission demands that Double Qwik Development,
Inc., the private developer of Eden Park Homes, allocate space for a
school within the development. This is
a. a growth-management ordinance.
b. a subdivision regulation.
c. a zoning use restriction.
d. a zoning variance.
B20. Homes Construction Corporation wants to obtain a zoning variance for
a part of its property. The variance must not
a. compromise the campaign promises of the zoning board members
b. include a burden that has a connection to the property.
c. result in a profit for its proponent.
d. substantially alter the essential character of the property.
1. Ron and Sally buy a house with a quarter-acre yard. The real estate
contract does not specify a type of concurrent ownership. These items
are in the house: cabinets in the kitchen, carpeting in the living room,
and a microwave resting on a counter. There is also an attached
garage. The contract does not refer specifically to any of these items.
What type of ownership do Ron and Sally have, and what rights are
associated with that ownership? Do Ron and Sally own the items in the
house? Do they own the garage?
1. Jai owns an orchard behind Key’s house and property. The only access
to the orchard is Key’s driveway, which Jai uses to get to her orchard.
What is this right called? Jai sells the orchard to Laurentz. Can
Laurentz now use the right-of-way across Key’s property? If Key sells
his property, does the owner of the orchardJai or Laurentzlose the
right-of-way?

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