Legal Aspects of Real Estate: Q5/Chp 10-12

Question 1

1) An improvement on real estate which extends onto property belonging to another person without that person’s consent is a(n):
a. trespass.
b. encroachment.
c. nuisance.
d. lease.

Answer 1

b. encroachment.

Question 2

2) Once an encroachment has been determined, the remedies available to the owner include:
a. self-help by forcefully removing the encroachment.
b. an injunction ordering the removal of the encroachment.
c. calling the police to have the encroachment removed.
d. None of the above.

Answer 2

b. an injunction ordering the removal of the encroachment.

Question 3

3) When the continuance of an encroachment on an owner’s property is permitted, the encroaching neighbor is granted __________ to maintain the improvement on the owner’s property.
a. a sublease
b. an equitable easement
c. an injunction
d. rent

Answer 3

b. an equitable easement

Question 4

4) An owner seeking to terminate an encroachment or recover their money losses is generally subject to a _______ statute of limitations running from the commencement of the encroachment.
a. two-year
b. three-year
c. five-year
d. ten-year

Answer 4

b. three-year

Question 5

5) A(n) ______ is a wrongful and unauthorized entry onto another’s real estate.
a. trespass
b. statute of limitations
c. easement
d. prescription

Answer 5

a. trespass

Question 6

6) Examples of trespass resulting from indirect entry include:
a. depositing dirt or debris on another’s property.
b. diverting a river or surface waters across another’s property.
c. leaving toxic waste on another’s property.
d. All of the above.

Answer 6

d. All of the above.

Question 7

8) A nuisance is anything which:
a. is injurious to health.
b. is offensive to the senses.
c. obstructs the use of property.
d. All of the above.

Answer 7

d. All of the above.

Question 8

9) A ________ is a nuisance which affects an entire segment of the population.
a. private nuisance
b. continuing nuisance
c. public nuisance
d. temporary nuisance

Answer 8

c. public nuisance

Question 9

10) A nuisance which may be reduced or terminated at any time at a reasonable expense is a(n):
a. permissive nuisance.
b. equitable nuisance.
c. permanent nuisance.
d. continuing nuisance.

Answer 9

d. continuing nuisance.