Test: Lesson 3 Flashcards
The right to enter property to remove something (like timber or minerals), but not to possess the property, is known as:
a profit a prendre
An oil company receives the right to drill for oil and take title to the oil it produces. The land owner retains a future right in the minerals and is compensated by rent payments. This describes a:
A. mineral deed
B. mineral lease
C. mineral reservation
D. mineral rights option
B. mineral lease
A commercial tenant who installs a trade fixture:
A. may never remove the trade fixture
B. may remove the trade fixture at lease’s end if its removal will not damage the property
C. may remove the trade fixture at lease’s end if the landlord gives his permission
D. may remove the trade fixture at lease’s end unless there is a lease agreement to the contrary
D. may remove the trade fixture at lease’s end unless there is a lease agreement to the contrary
When do crops become personal property?
A. Upon constructive severance
B. When they are harvested
C. When they are planted
D. Either A or B
D. Either A or B
A crop of corn cultivated by a farmer would be considered an example of:
A. constructive annexation
B. fructus industriales
C. fructus naturales
D. man-made attachments
B. fructus industriales
Which of the following statements about the doctrine of emblements is false?
A. The doctrine only applies to a lease for an indefinite period of time
B. The doctrine only applies to a lease with a fixed term
C. The right to harvest applies only to the first crop after the tenancy ends
D. The termination of the tenancy must be through no fault of the tenant
B. The doctrine only applies to a lease with a fixed term
Which of the following trumps any other fixture test?
A. Common law fixture test
B. Contractual agreement
C. Method of attachment
D. Relationship of parties test
B. Contractual agreement
California’s statutory fixture test may also be called the:
A. adaptation to the realty test
B. intention of the annexor test
C. method of attachment test
D. relationship of the parties test
C. method of attachment test
Which of the following statements about air rights is false?
A. A property owner may not interfere with normal air traffic
B. A property owner may sell rights to the airspace above her land
C. A property owner’s rights extend to the upper limits of the sky
D. The U.S. government has control over U.S. airspace
C. A property owner’s rights extend to the upper limits of the sky
Which of the following describes the rule of capture?
A. A land owner may not use a well on his own property to tap a reservoir of oil or gas below another person’s property
B. Oil or gas is not owned until it is pumped to the surface
C. Oil or gas is owned, while still in the earth, by the person who owns the land above
D. The right to drill for oil or gas may not be sold separately from the land
B. Oil or gas is not owned until it is pumped to the surface
Which of the following is an example of constructive annexation?
A. A gazebo that rests on the ground
B. A lighting sconce attached to a wall by removable screws
C. A septic tank that has been buried in the ground
D. The keys to a house’s front door
D. The keys to a house’s front door
Support from the underlying earth is known as:
A. lateral support
B. overlying support
C. subjacent support
D. subsident support
C. subjacent support
Who has the highest priority to use unappropriated riparian waters?
A. Junior appropriative users
B. Riparian users
C. Senior appropriative users
D. Whoever uses it first
B. Riparian users
A sale of mineral rights separately from the actual land is known as a:
A. constructive annexation
B. horizontal division
C. longitudinal division
D. vertical division
B. horizontal division
Which fixture test inquires into whether a landlord or a tenant installed an item?
A. Adaptation to the realty test
B. Intention of the annexor test
C. Method of attachment test
D. Relationship of the parties test
D. Relationship of the parties test
