Chapter 3—Rights and Interests in Land
MULTIPLE CHOICE
1. Property taxes are characteristic of the
a.
allodial system of land ownership.
b.
feudal system of land ownership.
c.
Napoleonic system of land ownership.
d.
English common system of land ownership.
2. The power of governments to appropriate private property for the public welfare is known as
a.
zoning.
b.
eminent domain.
c.
appropriation.
d.
police power.
3. By what action does the government take property for public use?
a.
Condemnation
b.
Adverse possession
c.
Zoning
d.
Public vote
4. By what power do government bodies enforce zoning?
a.
Eminent domain
b.
Condemnation
c.
Dominant estate
d.
Police power
5. The government receives the authority to take the property of one who dies without a will and without
heirs by virtue of
a.
laws of agency.
b.
eminent domain.
c.
police power.
d.
escheat.
6. A woman who lived in a retirement home and had no relatives, told her friend that she wanted her to
have all of her property after she died, however she never made a will. Upon her death, her estate
would
a.
pass to the friend, since that was her wish.
b.
pass to the retirement home where she lived.
c.
escheat to the state.
d.
pass to an entity determined by the probate court.
7. The greatest estate or ownership in real property is
a.
an estate at sufferance.
b.
a fee simple estate.
c.
a life estate.
d.
a qualified estate.
8. Which estate is the most complete estate to own?
a.
Fee simple estate
b.
Qualified fee
c.
Less than freehold
d.
Life estate
9. A property owner who holds fee simple title to land will have all of the following “sticks” in his
bundle of rights EXCEPT the right to
a.
occupy and use it.
b.
restrict the use of it.
c.
devise it.
d.
violate building, health and safety codes.
10. An example of an encumbrance would be
a.
a servient estate.
b.
a dominant estate.
c.
a life estate.
d.
an easement in gross.
11. An encumbrance which becomes a lien on real property could be created by
a.
restrictive covenants.
b.
granting a license.
c.
an encroachment.
d.
special assessments.
12. Termination of an easement appurtenant may be accomplished
a.
by the servient tenement when he has another use for the land.
b.
when the purpose of the easement no longer exists.
c.
by a court of law when no longer used.
d.
unilaterally by the holder of the servient tenement.
13. An easement appurtenant may be terminated
a.
by merger of the dominant and servient estates.
b.
by court action when the dominant tenement changes.
c.
by continuous use.
d.
unilaterally by the holder of the servient tenement.
14. An easement may be cancelled by all of the following EXCEPT
a.
the servient tenement.
b.
the dominant tenement.
c.
acquiring both lots.
d.
prescription.
15. An easement
a.
is always appurtenant.
b.
is an estate at sufferance.
c.
runs with the land.
d.
is an estate at will.
16. Alice has an easement over Betty’s adjoining property. Alice sells her property to Martha. The
easement will
a.
be terminated by the sale.
b.
revert to Betty who may or may not grant it to Martha.
c.
become public domain.
d.
runs with the land and will pass to Martha automatically.
17. Developers avoid land locked properties by creating an easement
a.
by necessity.
b.
by prescription.
c.
in gross.
d.
in common.
18. An easement by prescription may be created by
a.
payment of taxes.
b.
the dominant tenement.
c.
the party benefiting from the easement.
d.
continuous use.
19. A woman allowed her neighbor to drive over her property to get to his own. The woman may have
given her neighbor
a.
an encumbrance.
b.
a right of way.
c.
a condemnation.
d.
a lien.
20. Which entity would be most likely to hold an easement in gross?
a.
Adjacent property owner
b.
A power company
c.
A tenant at will
d.
A corporation on the same road
21. A power company wants to lay a service line across customer properties and must acquire an
irrevocable right to do so. This right would be called
a.
an easement appurtenant.
b.
an easement in gross.
c.
a license.
d.
an irrevocable lien.
22. After purchasing a property, the buyers found a neighbor’s fence was two feet inside of their property
line. If discussion fails to resolve the problem, the buyers should consider filing suit against the
a.
title company.
b.
neighbors to remove the encroachment.
c.
neighbors for adverse possession.
d.
broker even though he was not aware of the encroachment.
23. Deed restrictions are examples of
a.
government limitations on land.
b.
private control of land.
c.
police power.
d.
Increased power in the hands of the zoning authority.
24. Which of the following is a lien on real property?
a.
Paid property taxes
b.
Easements
c.
Mortgages
d.
Right of way
25. All of the following may constitute a lien on real property EXCEPT
a.
a mortgage.
b.
unpaid real property taxes.
c.
a restrictive covenant in a deed.
d.
a judgment against the owner.
26. A judgment, when properly recorded, becomes
a.
a voluntary lien.
b.
an involuntary lien.
c.
a specific lien.
d.
a personal lien.
27. Mrs. Wallock has a life estate for the duration of her own life. She
a.
can devise it.
b.
cannot lease it.
c.
can sell it.
d.
cannot mortgage it.
28. Which of the following is a non-freehold estate?
a.
Tenancy by the entirety
b.
Tenancy for years
c.
estate held by a remainderman
d.
Estate in reversion
29. A property owner leases a house to a tenant until a buyer is found for the house. Such a tenancy is
called a
a.
periodic tenancy.
b.
tenancy at will.
c.
tenancy in common.
d.
tenancy for years.
30. A holdover tenancy is most likely created after the expiration of a
a.
the tenancy in common.
b.
joint tenancy.
c.
tenancy by the entirety.
d.
tenancy for years.
TRUE/FALSE
1. Under the feudal system of land ownership, the responsibility for providing services, determining land
use, etc., was held by the king.
2. Government rights limit private rights in real property by the use of appropriation.
3. When real property is taken by means of eminent domain, the government has to pay the landowner
fair market value.
4. Railroads have the right to condemn private property for public use.
5. A family had a lion as a pet at their home outside the city. When the area became incorporated, the
city made him get rid of the lion by their use of police power.
6. A government may acquire ownership of privately held land by patent.
7. If title to real property is said to be fee simple, it can NOT be alienated.
8. A fee simple estate in real property may not be transferred with a bill of sale.
9. The greatest estate in real property is a fee simple estate.
10. The bundle of rights includes the right of escheat.
11. An encumbrance affects the loan to value ratio.
12. An easement may be created by a written document granting the right to another.
13. An easement may be removed from county records by a quit claim deed signed by the owner of the
easement.
14. When a parcel of real property is sold in foreclosure, the easement rights transfer with title.
15. An easement appurtenant passes with the title to the dominant estate.
16. A private road on Don’s property has often been used by fishermen as a walkway to the lake. If Don
wishes to break the fishermen’s claim to an easement by prescription, while still allowing the use, he
must give notice of his consent to their use of the property.
17. The legal right of a utility company to maintain power lines along the back of a lot is called adverse
possession.
18. The best way to determine whether a property has an encroachment is to search the title.
19. A property owner lived in an area newly zoned for business but his deed contains a restriction against
commercial usage. In this case the zoning laws would prevail.
20. The type of lien used by someone who does work or supplies materials for a home and has not been
paid is called a mechanic’s lien.
COMPLETION
1. The system under which individuals are given the right to own land is the
_________________________.
2. The power of _________________________ can be used to take land for a public road, public parking
or an irrigation district.
3. A property owner who suffers from a government’s exercise of its _________________________ will
not be compensated for her loss.
4. An estate, which is indefinite in duration, inheritable and transferable, is called a
_________________________ estate.
5. The entitlements of fee simple ownership, which exclude those without rights from interfering, are the
____________________ of rights.
6. A properly recorded easement on real property is an ____________________.
7. Concerning the duration of deed restrictions, they ____________________ with the land.
8. The person who conveys a life estate to a life tenant controls who receives ____________________
after the death of the life tenant.
9. A leasehold estate, which may be ____________________ by either party at any time, is an estate
from period to period.
10. A ____________________ mortgage lien could not result in the sale of a debtor’s real property in
order to gain funds for the satisfaction of a debt.
MATCHING
Choose the one most appropriate answer for each.
a.
allodial system
k.
fee simple
b.
chattel
l.
feudal system
c.
common law
m.
freehold estate
d.
community property
n.
homestead protection
e.
consequential damages
o.
lessor
f.
deed restrictions
p.
life estate
g.
easement
q.
periodic tenancy
h.
eminent domain
r.
police power
i.
encroachment
s.
property taxes
j.
encumbrance
t.
severance damages
1. the right of government to take privately held land for fair compensation
2. the conveyance of fee title for the duration of someone’s life
3. an award to a property owner whose land is not taken but which suffers because of a nearby public
land use
4. taxes levied against privately held land based on its value
5. the landlord or fee owner
6. an article of personal property
7. the right of government to enact law and enforce them for the order, safety, health, morals, and general
welfare of the public
8. an estate in land that is held in fee or for life
9. compensation for the loss in market value that results from splitting up a property in condemnation
proceeding
10. the largest, most complete bundle of rights one can hold in land, land ownership
11. a tenancy that provides for continuing automatic renewal until canceled
12. law that develops from custom and usage over long periods of time
13. all land ownership rests in the name of the king
14. one in which individuals are given the right to own land
15. provisions placed in deeds to control how future landowners may or may not use the property
16. state laws that protect against the forced sale of a person’s home
17. the right or privilege one party has to use land belonging to another for a special purpose
18. any impediment to a clear title such as a lien, lease or easement
19. the unauthorized intrusion of a building or other improvement onto another person’s land
20. spouses are treated as equal partners with each owning a one-half interest