Easements and Property Rights Quiz

<p>When the dominant property is landlocked. (C)</p> Signup and view all the answers

<p>It benefits a specific person or entity (C)</p> Signup and view all the answers

<p>The courts, for legal necessity (A)</p> Signup and view all the answers

<p>The use was apparent and continuous (B)</p> Signup and view all the answers

<p>The use was recorded. (D)</p> Signup and view all the answers

<p>The seller of the property (A)</p> Signup and view all the answers

<p>To give landlocked property access to a public road (D)</p> Signup and view all the answers

<p>Express reservations are created when selling land, while easements by necessity are created when it is landlocked. (D)</p> Signup and view all the answers

<p>When a new road provides access to the previously landlocked property. (D)</p> Signup and view all the answers

<p>It is an integral part of the pool. (A)</p> Signup and view all the answers

<p>The land the farmer sold to the developer. (D)</p> Signup and view all the answers

<p>An easement by necessity is only for landlocked properties, while implied easements can have other conditions. (D)</p> Signup and view all the answers

<p>The buyer because they are purchasing the property. (C)</p> Signup and view all the answers

<p>Emblements (A)</p> Signup and view all the answers

<p>The express reservation remains with the property and still applies. (A)</p> Signup and view all the answers

<p>The intention of the party when the item was attached. (C)</p> Signup and view all the answers

<p>It disappears when the necessity no longer exists. (B)</p> Signup and view all the answers

<p>Overrides other rules about fixtures. (C)</p> Signup and view all the answers

<p>Trade fixture. (A)</p> Signup and view all the answers

<p>It may be removed from the real estate by the tenant at the end of the lease. (C)</p> Signup and view all the answers

<p>Something that belongs to and goes with something else. (D)</p> Signup and view all the answers

<p>Both the agent and the owner may be liable. (B)</p> Signup and view all the answers

<p>An exaggeration of a property's features or benefits. (D)</p> Signup and view all the answers

<p>A property that is undesirable for reasons unrelated to its physical condition. (D)</p> Signup and view all the answers

<p>The seller of the property. (C)</p> Signup and view all the answers

<p>An oral or written agreement to do or not do a certain thing. (A)</p> Signup and view all the answers

<p>A contract for the sale of real estate. (C)</p> Signup and view all the answers

<p>To ensure they get paid for their services. (C)</p> Signup and view all the answers

<p>Specific dates by which certain actions must be completed. (A)</p> Signup and view all the answers

<p>Void (C)</p> Signup and view all the answers

<p>Signed document (D)</p> Signup and view all the answers

<p>When the transaction closes (A)</p> Signup and view all the answers

<p>Executory (B)</p> Signup and view all the answers

<p>Bilateral (A)</p> Signup and view all the answers

<p>The death of either the offeror or offeree. (C)</p> Signup and view all the answers

<p>Unilateral (D)</p> Signup and view all the answers

<p>When the seller changes any of the terms of the original offer. (C)</p> Signup and view all the answers

<p>The vendor (B)</p> Signup and view all the answers

<p>The buyer (D)</p> Signup and view all the answers

<p>Valid (B)</p> Signup and view all the answers

<p>A contract that can be rescinded by one or both parties. (B)</p> Signup and view all the answers

<p>If the contract is entered under duress or misrepresentation. (D)</p> Signup and view all the answers

<p>A specific event that must occur before the contract is binding. (D)</p> Signup and view all the answers

<p>It has no legal force or effect. (B)</p> Signup and view all the answers

<p>A voidable contract due to the presence of duress. (A)</p> Signup and view all the answers

A fixture is an item of personal property that has become attached to real estate and is considered part of the property. It is typically attached in a way that makes it difficult or impossible to remove without damaging the property. Examples include: a built-in bookshelf, a chandelier, a fireplace.

The intention of the person who attached the item to the property is important in determining if it's a fixture. The item is more likely to be considered a fixture if it was intended to be a permanent addition.

A trade fixture is an item of personal property attached to real estate for business purposes. It can be removed by the tenant at the end of their lease, but they must repair any damage caused by removal.

An appurtenance is something that belongs to and goes with something else. It's a secondary element attached to a more important item.

An agreement between parties can determine if an item is considered a fixture, even if other rules don't apply. This trumps other fixture rules.

In a dispute between a buyer and seller, the buyer is likely to win a court case about a fixture.

Emblements are crops grown on rented land. These are personal property belonging to the tenant, even though they are attached to the land.

The relationship between the parties involved in real estate transactions can influence the outcome of a fixture dispute.

An easement created when a land owner subdivides their property and reserves the right to use a portion of the newly created parcels for access. For example, a farmer selling land but keeping a path across it to reach their home.

A legal right of way created by courts when it's absolutely necessary for a landlocked property to gain access to a road. For example, if your land has no road access but a neighboring property does.

A piece of land that is completely surrounded by other properties and has no access to a public road.

The act of ending or removing an easement.

An implied easement created when a property owner sells a portion of their land, and access to the remaining property is only possible through the sold portion.

In legal terms, this refers to the removal or cessation of a legal right, such as an easement. This typically occurs if the reason for the original right no longer exists.

An easement created by words, either written or spoken, where the owner of the land explicitly grants access to another individual.

A legal right to use someone else's property for a specific purpose, such as access, utilities, or drainage.

A type of easement that benefits a specific person or entity, not a particular property. The easement is not tied to the land and does not transfer with property ownership.

A contract that meets all the necessary elements of contract law, making it legally binding and enforceable.

An easement that is created by a court when it is legally necessary, even though it wasn't formally recorded. It often relates to issues like access, light, or air to a landlocked property.

It applies when a property is divided, and at the time of the division, there was a prior shared use. The court will then recognize a past use as an easement to continue.

A contract that allows either party to withdraw or cancel the agreement, even though it was initially valid. It often includes contingencies or conditions that, if not met, can result in voiding the contract.

A contract with no legal force or effect. It is essentially invalid and unenforceable.

An easement that is created by a written agreement between the property owners involved. This is the most common type of easement.

A legally binding agreement between two or more parties to do or not do a specific action.

A statement that exaggerates the positive qualities of a property or service to attract buyers. While it's not considered a lie, it can be misleading.

A situation where a contract's validity depends on a specific event occurring. If the event doesn't happen, the contract can be voided.

A type of legal action where a court will create an easement after a property has been divided, ensuring the landlocked party can access their property.

An easement that is created through the long-term, continuous, and uninterrupted use of another person's property with permission. This can happen over a period of time, making it legal even if there wasn't a written agreement.

A contract that is entered into under pressure or threat, making it potentially voidable. For example, signing a contract while being held at gunpoint.

A property that has experienced a negative event like murder, suicide, or a belief of being haunted, making it potentially less appealing to buyers.

A legal requirement that certain contracts must be in writing to be enforceable.

A contract that is entered into based on false information or deception. It may also be voidable.

The property or land that benefits from an easement. It grants the owner of the dominant estate the right to use the servient estate.

The property or land that is subject to an easement. It grants the owner of the dominant estate the right to use a portion of the servient estate.

A contract that outlines the terms of employment between a real estate broker and a seller of a property. It includes details like commission, marketing strategies, and the duration of the agreement.

A contract that is entered into with a deliberate intention to trick or deceive someone, making it voidable.

When a seller changes the terms of an offer, creating a new offer. This reverses the roles of offeror and offeree.

A contract that establishes the agreement between a buyer and seller for the purchase of a property. It outlines the terms of the purchase, including the price, closing date, and contingencies.

A provision in a contract that sets a deadline for the completion of a specific action or event.

A specific point in time outlined in a contract when certain obligations must be met or actions completed. It's essential for ensuring a smooth and timely real estate transaction.

A contract where all parties have fulfilled their obligations.

A contract where one or more parties still have obligations to perform.

A contract where both sides make promises to each other. For example, a sales contract where the buyer promises to buy, and the seller promises to sell.

A contract where only one party makes a promise. For example, a reward poster for a lost dog, where you promise a reward if someone finds your dog.

A financial agreement where the seller retains ownership of the property until the buyer makes the final payment.

A contract giving the buyer the right, but not obligation, to buy a property at a specific price within a specific time.

The buyer in a 'land contract' who has the right to purchase the property after making all payments.

The seller in a 'land contract' who retains legal title to the property during the payment period.