Unit 6-7b Flashcards

(48 cards)

1
Q

Which of the following is NOT a part of the owner’s “bundle of rights”?

a) The right to evict a tenant for cause.
b) The right to pass title by will.
c) The right to absolute control of the property.
d) The right to dispose of the property.

A

c) The right to absolute control of the property.

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2
Q

When the course of a stream is suddenly changed by natural forces, it is called:

a) erosion.
b) alluvion.
c) avulsion.
d) dereliction.

A

c) avulsion.

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3
Q

When title is gained because a portion of a water course permanently dries up, exposing land, it is called:

a) reliction.
b) erosion.
c) accretion.
d) alluvion.

A

a) reliction.

In real estate, reliction refers to the gradual increase of land due to the permanent recession of a body of water, like a lake or sea, leaving new land uncovered. This process essentially adds to the size of a property that borders the water, and the owner of the bordering property generally gains ownership of the newly exposed land

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4
Q

Air rights may:

a) be sold or leased.
b) be leased only.
c) be sold only.
d) not be retained by the seller when the land is sold.

A

a) be sold or leased.

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5
Q

Which of the following is NOT a type of life estate?

a) Legal.
b) Conventional.
c) Indefeasible.
d) Pur autre vie.

A

c) Indefeasible.

In the context of real estate, “indefeasible” means an absolute and unchallengeable right or interest in property that cannot be defeated or altered. It implies a secure and permanent ownership or right, without any conditions or limitations that could be used to take it away.

“Pur autre vie” is a French term meaning “for another’s life.” In legal terms, it refers to a life estate where the duration of the estate is tied to the life of someone other than the person holding the property.

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6
Q

The duration of a life estate is:

a) a fixed term.
b) potentially infinite.
c) a life or the lives of one or more persons.
d) not to exceed 99 years.

A

c) a life or the lives of one or more persons.

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7
Q

An owner of a life estate can do ALL BUT ONE of the following:

a) Sell her interest.
b) Mortgage her interest.
c) Devise her interest.
d) Lease her interest.

A

c) Devise her interest.

In the context of wills and estates, “devise” means a gift of real prope

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8
Q

A widow who is Willed the use of the family home for the rest of her natural life, with provision that title shall go to the children upon her death, holds;

a) a fee simple estate.
b) a leasehold.
c) an easement.
d) a life estate.

A

d) a life estate.

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9
Q

9) Which of the following is correct regarding a life estate?

a) It must be measured by the life of the grantee only.
b) Because it is based on line, the holder may not encumber it.
c) It may be created by will or deed.
d) It requires that the holder make principal payments on any encumbrances.

A

c) It may be created by will or deed.

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10
Q

An estate for years may also be called a:

a) joint tenancy.
b) leasehold.
c) periodic estate.
d) freehold estate.

A

b) leasehold.

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11
Q

An ownership interest in real property is known as:

a) an estate.
b) a dower.
c) a courtesy.
d) a possession

A

a) an estate.

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12
Q

The return of land to the grantor or his heirs when the grant is over is:

a) remainder.
b) reversion.
c) kickback.
d) status quo.

A

b) reversion.

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13
Q

An estate in land vested in a grantee “until he marries” is properly classifiable as:

a) an estate in equity.
b) a defeasible fee.
c) a less than freehold estate.
d) a life estate.

A

b) a defeasible fee.

A defeasible fee simple is a type of property ownership where the grantor (the person transferring the property) can include conditions or restrictions in the deed that can lead to the termination or modification of the property ownership. If the condition is not met, the ownership can revert to the original owner or another designated party.

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14
Q

Another term for items that are not real property is:

a) chattels.
b) personal property.
c) personalty.
d) All of the above.

A

d) All of the above.

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15
Q

A life estate is conveyed to A for the life of X. A dies. Title:

a) reverts back to the grantor.
b) passes on to X.
c) goes to A’s heirs until the death of X.
d) None of the above.

A

c) goes to A’s heirs until the death of X.

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16
Q

A conveyance of a life estate where the fee at the end of the life estate goes to someone other than the grantor is a life estate with a:

a) remainder.
b) reversion.
c) reservation.
d) restriction.

A

a) remainder.

A remainder is a future interest in property that is created to take eff

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17
Q

Magna grants a life estate to Carter with the stipulation that the property will go back to Magna when Carter dies. In this case, Magna has:

a) a remainder.
b) a right of reentry.
c) a life estate.
d) a reversion.

A

d) a reversion.

In real estate, a reversion refers to the right of the original property

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18
Q

If Jones holds a fee simple estate in property, which of the following acts will result in his being left with a less than freehold estate?

a) assigning s right of way to a utility company.
b) deciding to lease the land on a long term lease.
c) selling the mineral and oil rights to another party.
d) None of the above.

A less than freehold estate, also known as a leasehold estate, is an int

A

d) None of the above.

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19
Q

A life estate is an estate in real property It:

a) can only come into being by grant.
b) can exist with another estate in the same property at the same time.
c) is not a freehold estate.
d) is always limited to the life of the grantee.

A

b) can exist with another estate in the same property at the same time.

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20
Q

If Alan deeded 40 acres of land to Bill for the life of Ceil, which of the following statements would be true?

a) Bill holds a life estate; Alan, an estate in remainder.
b) Bill holds a life estate; Alan, an estate in reversion.
c) Bill holds a fee simple estate; Ceil, a life estate.
d) Ceil holds a life estate: Bill, an estate in reversion.

A

b) Bill holds a life estate; Alan, an estate in reversion.

21
Q

If Charlotte Roose owns property in fee simple she can do all of the following with the property EXCEPT:

a) mortgage it.
b) lease it.
c) sell it.
d) condemn it.

A

d) condemn it.

22
Q

Faith conveys a house to Hope for life, then to Charity, Hope;s heirs have:

a) no estate or interest.
b) the same interest Hope had.
c) a reversion.
d) a remainder.

A

a) no estate or interest.

23
Q

Full and complete ownership of land as recognized today exists most nearly in:

a) a life estate.
b) an estate in remainder.
c) a fee simple estate.
d) an estate in reversion.

A

c) a fee simple estate.

24
Q

An example of a freehold estate is:

a) a life estate.
o) a periodic estate.
c) an estate at will.
d) an estate for years.

A

a) a life estate.

25
An example of personal property is: a) a household furnishing. b) a gas range. c) a built in dishwasher. d) a dispoosal.
a) a household furnishing.
26
Which of the following does NOT apply to real property? a) Chattel mortgage. b) Fee simple. c) Fixture. d) Appurtenances.
a) Chattel mortgage. | A chattel mortgage, also known as a chattel loan, is a type of loan wher
27
Which of the following is personal property? a) Mineral rights. b) Water rights. c) A benefeciary's rights under a trust involving real property. d) Trees.
c) A benefeciary's rights under a trust involving real property. | Need to ASK about this one....
28
Generally, things or objects of a temporary or easily movable nature are: a) fixtures. b) included. c) personalty. d) appurtenances.
c) personalty. ## Footnote In property law, "appurtenant" means something that is attached to and passes with the land, including rights and privileges. This includes things like easements, water rights, and improvements like barns or fences that are permanently attached to the land.
29
An example of a fixture is a: a) portable dishwasher. b) dining room china cabinet. c) ceiling fan in a bedroom. d) sink in a beauty saoln.
c) ceiling fan in a bedroom.
30
When the contract for the sale of real property includes the sale of certain removable item, such as refrigerators and furniture, upon delivery of the deed the seller should also deliver: a) a bill of sale. b) an estoppel certificate. c) a chattel mortgage. d) a satisfaction piece.
a) a bill of sale.
31
Which of the following is not an appurtenance? a) A barn. b) An orchard. c) A fence. d) A trade fixture.
d) A trade fixture. In real estate, an appurtenance is something that belongs to and is permanently attached to the land, typically increasing its value and functionality. It's a right, benefit, privilege, or improvement that accompanies the land and transfers with it when the property is sold.
32
Which of the following is a factor in determining whether an article of property is a fixture? a) The value of the article. b) It's size. c) It's weight. d) The method of annexation.
d) The method of annexation.
33
33) Property is: a) real if it is tangible. b) personal if a fixture. c) personal if not real. d) All of the above.
c) personal if not real.
34
Which of the following is (are) personal property? a) Fixtures. b) Mortgages. c) Air rights. d) Water rights.
b) Mortgages.
35
Property classed as real property: a) must always remain real property. b) may, under certain circumstances, become personal property. c) is never, under any circumstances, exempt from taxes. d) may not be owned by aliens.
b) may, under certain circumstances, become personal property.
36
Regarding property: a) A trade fixture is real property. b) Personal property is anything that is not real property. c) A fixture is personalty. d) Chattels are realty.
b) Personal property is anything that is not real property.
37
Which of the following types of property is normally NOT real property? a) Appurtenances. b) Furniture. c) Fixtures. d) Shrubs.
b) Furniture.
38
Which of the following statements is true? a) A bill of sale is used to transfer title to a fixture. b) Refrigerators are not usually considered fixtures in private homes. c) A chattel mortgage is used to finance the purchase of land. d) Chattels automatically pass with a sale of land.
b) Refrigerators are not usually considered fixtures in private homes.
39
Which of the following terms is out of place? a) Real estate. b) Real property. c) Realtor@. d) Realty.
c) Realtor@.
40
Trees, shrubs, bushes, etc, which grow naturally and do not require annual planting are: a) emblements. b) personalty. c) realty. d) intangible.
c) realty.
41
The rights of possession, control, disposition and enjoymen which accompay ownership are called: a) corporeal ownership. b) incorporeal ownership. c) bundle of rights. d) survivorship.
c) bundle of rights.
42
A riparian owner is one who owns land bounding on: a) municipal property. b) a waterway. c) a national forest. d) unserveyed public lands.
b) a waterway.
43
Real estate includes all of these EXCEPT: a) a garage. b) stone piled on a property. c) an in-ground swimming pool. d) a screened patio or porch.
b) stone piled on a property.
44
The legal rights attached to real property are reffered to as the: a) situs. b) bundle of rights. c) severance rights. d) reliction rights.
b) bundle of rights.
45
Land includes all of the following EXCEPT: a) surface rights. b) subsurface rights. c) air above the surface. d) structures.
d) structures.
46
46) When a New Jersey farmer sells his property: a) the mineral rights will automatically pass to the buyer unless they are specifically reserved by the seller. b) the air rights must be specifically described in the deed for the buyer to get title thereto. c) he must record the deed. d) he must report the sale to the Farmers Home Administration.
a) the mineral rights will automatically pass to the buyer unless they are specifically reserved by the seller.
47
The boundary of your property line can be changed by: a) accretion. b) amortization. c) avulsion. d) acceleration.
a) accretion. | In real estate, accretion refers to the gradual increase of land along a
48
Crops which grow on land and require annual planting and cultivation are: a) personalty. b) realty. c) real property. d) improvements.
a) personalty.