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Real Estate Law
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Chapter 11: Real Property Law
1
The right of government to acquire ownership of privately held real estate regardless of the owner's wishes is called
covenant of seizin
easement by necessity
eminent domain
easement by prescription
2
When a goverment agency takes possession of private property for public use, it is exercising the right of
eminent domain
adverse possession
dedication
reversion
3
A landowner is advised by the government that a public utilities company plans to cross his property with a power line. If the landowner refuses, the utilities company can seek to acquire this right t
police power
partition action
accretion
eminent domain
4
A governmental agency may acquire a certain property for public use by utilizing
a claim of adverse possession
an attachment
the right of eminent domain
a suit to quiet title
5
The right of eminent domain refers to
the right of every American citizen to own property
the goverment's right to acquire or authorize others to acquire title to property for publie use
an organization's right to condemn property pending an improvement that is the good of the community.
an institution or individual acquiring land by grant from the government
6
The power of eminent domain. 1 may be exercised by a district school board seeking to abtain property for a public school 2. requires that just compensation be paid the landowner when exercised.
1 only
2 only
both
neither
7
The government's right to take real property upon the payment of compensation to the owner is known as
eminent domain
escheat
confiscation
none of the above
8
A landowner is advised that a railroad company plans to cross his property with a railroad line. If the landowner refuses, the railroad company can proceed by use of
accretion
partition action
eminent domain
none of the above
9
The process under eminet domain by which property is taken for public use is.
lis pendens
judgment
condemnation
abstract of judgment
10
Eminent domain is the right of the state to
take private property without compensation
sell property on which taxes have not been paid
take title to property when there are no heirs
take private property with just compensation
11
When the city wants to widen the street, it can acquire additional width from the private owners of the abutting property under the exercise of
partition
right of way
eminent domain
severance
12
If the city wishes to take property for public improvements, it may acquire title by action based on
attachment proceedings
right of eminent domain
suit ti quiet title
adverse possesion rights
13
When a public railroad need a specific piece of land and the owner does not want to sell, the railroad may attempt to exercise the right of
eminent domain
alienation
injunction
replevin
14
When the government acquires privately owned real estate through a condemnation suit it is exercising the power of
reversion
eminent domain
escheat
license
15
Public powers in private property include which of the following? 1 the right to tax 2. zoning codes 3. deed restrictions in a subdivision 4 eminent domain
1 and 2
2 and 3
1,2,4
2,3,4
16
There are four governmental limitations to the private rights of ownership of real property. Which of the following does NOT belong in the group?
taxes
police power
escheat
deed restrictions
17
When an owner of land refuses to sell his land to the government or any governmental agency under the right of eminent domain, the name of the proceeding to require the owner to sell his land is
escheat
estoppel
condemnation
constructive eviction
18
The power or right of governmental bodies to take real estate for public use is called
lis pendens
ad valorem
eminent domain
estate
19
Ownership of a parcel of land includes the right to use its surface, however, another person may own the 1. subsurface rights 2. air rights
1
2
both
neither
20
Real property includes 1. appurtenances 2. rights that belong to the land
1
2
both
neither
21
Which of the following could NOT be real property?
a mortgage
an easement
land
fixtures
22
Which of the following statements best describes the concept of land ownership?
you own property to the sky above and downward to the center of the earth, as well the surface
you only own the surface of the property and no portion of the airspace
you have lateral support but no rights to underground minerals unless specifically granted to you
your rights are limited to the surface
23
The removal of land when a stream suddenly changes its channel is
adverse possession
accretion
avulsion
breach
24
real property is considered to be 1. fixtures 2. land 3. appurtenances 4. buildings
1 and 3
1 and 4
1, 2 and 3
1, 2 3, and 4
25
The addition to one's land by the gradual deposit of soil through natural causes is
annulation
avulsion
accretion
ademption
26
The sudden tearing away or removal of land by action of water is
accretion
erosion
adversion
avulsion
27
Which of the following is classed as real property? 1. unextracted crude oil 2. easement appurtenant 3. leasehold estate in residential property 4. uncultivated groves of trees
1 and 2
3 and 4
1, 2 and 4
1, 3 and 4
28
What does the term "improvement" mean in a real estate transaction?
everything except the land
additions to property since the last sale
fixtures and personal property
streets, curbs, sidewalks and utilities
29
Trees and crops
are real estate
are personal property
may be real estate or personal property, depending on the circumstances
are neither personal property nor real estate, they are a form of fructus naturales.
30
Which of the following best defines real property?
land and air above it
land and the area below and above the surface to infinity and all the improvements thereon
the land, buildings thereon, and anything permanently affixed to the land and/or buildings
land and mineral rights in the land
31
An owner purchases some stone, sand and cement and builds a concrete walk on his parcel of real estate. This walk is
personal property
real property
both personal and real property
neither personal and real property
32
Appurtenances refer to
those rights that go with the land
encumbrances on the use of the property
contractual limitations
proposed easements
33
Real estate is a term that refers to
land in the physical sense and improvements thereto
rights to own land and the improvements on it
air space above the earth's surface and minerals below the surface
all of the above
34
The system of land ownership whereby the land is owned and controlled by individuals is known as the
feudal system
commercial system
allodial system
torrens system
35
In real estate, the term "improvements" most nearly means
fences, wells, drains, and roadways
additions to the original structure
everything artifical or constructed on the land
outbuildings
36
The owner's "bundle of rights" to real property includes 1. the air rights above his property 2. the right to harvestemblements of a tenant farmer
1 only
2 only
both
neither
37
The right of alienation is defined as
the right to execute and deliver a deed
the right to transfer an interest in real property
the right to make a will
statutes of descent and distribution
38
Which of the following are included in the bundle of rights concept of real property ownership? 1. the right to tax and escheat to the state 2. the right to lease 3. the right to devise
1 only
2 only
3 only
2 and 3 only
39
Which of the following could NOT be real estate?
growing trees
air rights
coal in the ground
lessee's interest under a year to year lease
40
Involuntary alienation of an estate means
an estate cannot be transferred with out the consent of the owner
aliens are forbidden ownership in fee simple
ownership of estates may be transferred by operation of law
no one can be compelled to relinquish title without his consent
41
The transferring of title to real property to another is defined as
proration
alienation
prescription
consideration
42
The right of ownership, including the right to use, possess, enjoy and dispose of a thing in any legal way and to exclude everyone else without rights from interfering is called
corporeal ownership
incorporeal ownership
bundle of rights
survivorship
43
Which of the following may properly be considered to be real estate?
a crop of apples harvested and ready for market
A hedge of lilac that bloom annually
house plants growing in tubs on the porch
tools used in the cultivation of creeping red fescue
44
Which of the following may properly be considered to be real property?
draperies suspended from ornamental rods above windows in a living room
apple trees in the back yard
house plants growing in tubs on the porch
a plug in microwave oven sitting on a kitchen counter
45
If aluminum storm windows are custom made and installed on a particular building, they become what may properly be discribed as a 1. fixture 2. part of the real property
1
2
both
neither
46
All of the following are tests to determine whether personal property becomes a fixture except the
initial cost of the item
intent of the person placing the item
manner of annexation
nature of use or adaptation
47
All of the following may properly be considered items of personal property EXCEPT
a portable electric space heater
an installed gas hot water heater
a television set connected to a cable outlet
an electric dryer
48
Personal property can be 1. converted into real property 2. hypothecated
1
2
both
neither
49
Personal property is conveyed using
a bill of sale
a deed
a partial release for blanket encumbrances
an encumbrance
50
When you attach personal property to building so that in legal sense it becomes real property it is called
an attachment
a fixture
an appurtenance
an encumbrance
51
Which of the following is correct?
property is either real or personal
a fixture is personal property
a trade fixture is real property
only the surface element of land is considered real property, air and mineral rights are personal property
52
Which of the following is usually included with the sale of a residence? 1. fixtures 2. personal property
1
2
both
neither
53
all of the following are usually considered to be personal property EXCEPT
trade fixtures
easement appurtenant
trust deeds
mortgages
54
Which of the following could NOT be real property
an easement
mineral rights
an existing mortgage
a fixture
55
Rights in personal property are known as
estate
common estates
fee simple estates
chattel interests
56
Items of personal property are called
hereditaments
feeholds
chattels
incorporeal appurtenances
57
The only item of personaly among the following is
a stack of lumber on a lot
a wooden prefabricated home built on a lot
a fence on a lot
standing timber
58
Which of the following would be considered personal property?
installed bathtubs
harvested crops
tree
stream
59
An article of personal property that has become part of the real estate by virtue of its attachment to the real estate is called
a fixture
an attachment
an encroachment
an emblement
60
The three tests of annexation, adaptation, and intention enable one to determine if an item is
littoral property
an emblement
a fixture
an encumbrance
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