Chapter 2 Flashcards
Which of the following is generally considered real property?
a. Emblements
b. Annual crops
c. A shrub planted in a decorative pot
d. A perennial shrub planted in the backyard
d. a perennial shrub planted in the backyard
The phrase, bundle of legal rights
a. is part of the definition of real property.
b. is another name for legal description.
c. refers to the legal documents used in real estate transactions.
d. refers to the tenant’s rights in a lease.
a. is part of the definition of real property
A trade fixture is considered
a. a fixture.
b. an easement.
c. personalty.
d. a license.
c. personalty (typically these are items you add with a business and can take with you once your lease is up. For example, a pizza oven moved in to a pizza parlor)
Which of the following is considered personal property?
a. Masonry fireplace
b. Porch and window awnings
c. Bathtubs
d. Patio furniture
d. Patio furniture
Real property can become personal property by
a. severance.
b. purchase.
c. hypothecation.
d. attachment.
a. severalty
(The process of this would be severance. For example, when trees ( which are real property because they are attached to the lot/they go with the property) are cut down and made into firewood, they are severed from the property and become personal property.)
A seller is under contract to sell a property using the NCBA/NCAR 2-T Offer to Purchase and Contract. The elegantly decorated master bedroom has vertical window blinds, hand-painted light switches and electrical outlet covers, and draperies fashioned from fabric coordinated with the wallpaper. Which of the following items may the seller legally remove before the close of the transaction?
a. None of the items
b. The draperies and blinds
c. The hand-painted items
d. The draperies
d. the draperies (because the item is movable and is not attached to the property)
.A rancher owns a parcel of land with all subsurface, air,and water rights intact. If oil is discovered on the parcel of land, who owns the oil?
a. The rancher
b. The tenant farmer to whom the property has been leased
c. The state government
d. The federal government
a. The rancher (he owns the subsurface rights which are the rights beneath the parcel of ground that he owns, so the rights to the oil are lawfully his.)
A commercial tenant attaches several items to the rental property during the term of the lease. Those items are considered
a. fixtures and become part of the landlord’s real property.
b. emblements and are treated as personal property of the tenant.
c. trade fixtures and may be removed by the tenant by the end of the lease.
d. easements and increase the value of the property.
c. trade fixtures may be removed by the tenant by the end of the lease.
Personal property includes all of the following EXCEPT
a. chattels.
b. trade fixtures
c. emblements.
d. fixtures.
d. fixtures (Fixtures are items that typically stay with the property when the item is sold/transferred like chandeliers, light fixtures, blinds. These are typically things that are bolted down or glued down or somehow stuck to the property. All other items would be considered personal property because you can move it and it does not permanently belong to the property),
Fixtures are
a. real property.
b. chattels.
c. removable by a tenant before the expiration of the lease.
d. removable by a tenant after the expiration of the lease.
a. real property (fixtures are things that are affixed/permanently attached to a property like a bush planted, trees, a dock, etc, “things that aren’t typically movable from the property like a washer/dryer, fridge, microwave, etc)
After construction of a building over a railroad right-of-way, the trains may
a. operate as usual.
b. no longer use the tracks under the building.
c. use the tracks under the building only if they cause no problem for the building’s occupants.
d. use the tracks under the building as long as they first obtain the building owner’s permission.
a. operate as usual
Generally, personal property can be distinguished from real property by its
a. size.
b. mobility.
c. value.
d. multiplicity of use.
b. mobility
A business owner rents an empty building to use as an ice cream parlor. The tenant subsequently installs large freezer units and several service counters. These additions
a. are considered permanent improvements to the property.
b. became the landlord’s property once attached to the building.
c. can be legally removed by the tenant at the termination of the lease.
d. can only be removed by the tenant with the landlord’s permission.
c. can be legally removed by the tenant at the termination of the lease.
.All of the following are tests for determining a fixture EXCEPT
a. intent of the parties.
b. size of the item.
c. method of attachment of the item.
d. adaptation of the item to the real estate.
b. size of the item. (Remember the acronym IRMA when it comes to testing for determination of a fixture; I Intent of the parties, R Relationship of the parties,M Method or degree of attachment and A Adaption of the item)
The owner of a house wants to fence the yard for a dog. When the fence is bolted into the ground, the fencing materials are converted to real estate by a.severance.
b. annexation.
c. immobility.
d. indestructibility.
b. annexation (annexation describes the process of the chattel( which is movable or personal property) or the fence in this case becomes annexed to the property, making it real property; property that is attached to the home)
The rights of ownership of real property include all of the following EXCEPT a.disposition. b.exclusivity .c.control. d. compatibility.
d. compatibility (The rights of enjoyment or the “bundle of rights” is made up of five different rights: the right of possession, the right of control, the right of exclusion, the right of enjoyment and the right of disposition.)
A person who has complete control over a parcel of real estate is said to own a
a. leasehold estate.
b. fee simple estate.
c. life estate.
d. defeasible fee estate.
b. fee simple estate ( In this , a person has complete control over a property and can do with it as they see fit as an owner. If they want to cut the grass, they can. If they want to plant a tree, they can!)
- A North Carolina beachfront property owner owns the land on the ocean side of the property to the
a.average high tide line
.b.average low tide line.
c.international waters line.
d.middle of the foreshore.
a. average/mean high tide line (between this and the foreshore line is considered public use)
Which of the following has an indefinite ownership period?
a. Freehold estate
b. Non-freehold estate
c. Estate for years
d. Estate at will
a. freehold estate (freehold estates include life estates which are those given to a person for life.
A homeowner acquired the ownership of land that was deposited by a river running through her property by
a. reliction.
b. succession.
c. avulsion.
d. accretion.
d. accretion (accretion is erosion but not as sever such as debree left over from 2in. rainfall or a deposit of dirt being transferred over from a river running over as opposed to an avulsion, which is severe erosion, typically caused by something major like a hurricane or a tsunami)
A woman wishes to donate a vacant lot that she owns in fee simple absolute to a hospital that is located next to her lot. An attorney prepares a deed that conveys the ownership of the lot to the hospital “as long as it is used for medical purposes.” After the completion of the gift, the hospital will hold a
a. pur autre vie estate.
b. fee simple absolute estate.
c. fee simple determinable estate.
d. fee simple to a condition subsequent estate.
c. fee simple determinate estate ( In this conveyance, the most common types of fee defeasible estate are a fee simple determinate simply states that the land or home or business can be used as long as it stays what it is or for what it is; for example, the hospital was used for hospital purposes. A Fee Simple Subject to Condition Subsequent simply states that the land, business or home can be used but may not turn into a nightclub or a hog farm. These rights come under a condition.)
The most all-inclusive type of real property ownership is a
a. fee simple estate.
b. conventional life estate.
c. qualified fee estate.
d. reversionary interest.
a. fee simple estate ( key word: all-inclusive meaning everything)
The rights of the owner of property located along the banks of a small stream are called
a. littoral rights.
b. subjacent rights.
c. riparian rights.
d. hereditaments.
c. riparian rights ( riparian means located near a small stream, river or lake)
The ownership rights to real estate include all of the following EXCEPT
a. buildings located on the property.
b. air space above the property.
c. easements running with the land.
d. navigable rivers running through the property.
d. navigable rivers running through the property (