Quiz 3

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Questions and Answers

A property owner's land borders a lake. Which right allows them reasonable use and enjoyment of the shore and water?

  • Riparian Rights
  • Subsurface Rights
  • Air Rights
  • Littoral Rights (correct)

David owns land next to a river and uses it for recreation. Which land right allows David to access and use the river?

  • Riparian Rights (correct)
  • Subsurface Rights
  • Air Rights
  • Littoral Rights

Mr. Davis leases an apartment to Andrew for one year. What type of leasehold estate is Andrew receiving?

  • Estate at Will
  • Periodic Tenancy
  • Estate for Years (correct)
  • Tenancy at Sufferance

Mark owns property with unused buildable square footage, which he can sell. What is this an example of?

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

What type of ownership structure is used in real estate to shield owners from personal liability for damages?

<p>Limited Liability Company (D)</p> Signup and view all the answers

Which of the following scenarios creates a tenancy at sufferance?

<p>Tenant remains after lease expiration. (B)</p> Signup and view all the answers

Mary deeds her property to her sister for 15 years, with ownership to the sister's children afterward. What are Mary's sister's children considered?

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

Which of the following describes ownership by a single individual?

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

A property owner's land borders a flowing river. Which right allows them reasonable use and enjoyment of the water?

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

Which form of co-ownership includes the right of survivorship, where the surviving owner(s) automatically inherit the deceased owner's share?

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

A business owner installs specialized equipment in their rented store to operate the business. What what is this equipment considered?

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

A landowner sells the rights to extract natural gas from beneath their property. What type of right has been conveyed?

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

Which of the following scenarios would be a violation of a fee simple absolute ownership?

<p>Building beyond the property line of the land (A)</p> Signup and view all the answers

A life estate is granted to person A, with the condition that upon person A's death, the property will transfer to person B. What is person B known as?

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

A property is co-owned by two individuals as tenants in common. One owner wants to sell their share, but the other does not. Can the owner sell their share without the other's consent?

<p>Yes, consent from the other owner is not required (A)</p> Signup and view all the answers

A married couple jointly owns a property as tenants by the entirety. Can one spouse transfer their interest in the property without the consent of the other spouse?

<p>No, because both spouses together own the property as one entity (B)</p> Signup and view all the answers

Flashcards

Easement

The right to use another's land for a specific purpose.

Riparian Rights

Rights of a property owner to reasonable use of water bordering their land.

Chattel

Personal property; anything not considered real property.

Fixture

Personal property attached to land, becoming part of the real property.

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Air Rights

The right to use the space above the surface of one owns land.

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Subsurface Rights

Rights to water and substances below the land's surface.

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Littoral Rights

The right to use a lake, ocean, or sea bordering a property.

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Tenancy in Common

Ownership by multiple people with undivided interest, without survivorship.

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Severalty

Ownership by a single individual.

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Tenancy by the Entirety

Ownership by a married couple where neither can transfer interest without consent.

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Estate for Years

A leasehold estate for a specific period.

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Trustee

A person holding property in trust for another.

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Personal Property

Any property that is not real property.

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Study Notes

  • Easement: The right to use someone else's land for a specific purpose, such as crossing it.

Property Rights

  • Riparian Rights: A property owner's entitlement to reasonable use and enjoyment of water flowing past their land, such as a river.
  • Chattel: Personal property, anything not considered real property.
  • Fixture: Personal property attached to land or improvements, becoming part of the real property.
  • Air Rights: A property owner's right to use the space above their land's surface.
  • Subsurface Rights: A property owner's rights to water and other substances beneath the land's surface.

Real Property Ownership

  • Tenancy in Common: Real property ownership by two or more persons with undivided interests, lacking "right of survivorship."
  • Tenancy by the Entirety: Real property ownership by a married couple, where neither spouse can transfer interests without the other's consent.
  • Joint Tenancy: Real property ownership by two or more persons with undivided interest, including "right of survivorship."
  • Estate in Severalty: An estate held by a tenant alone, without shared interest with others.
  • Fee Simple Absolute: The most complete form of ownership; an owner cannot build beyond the property line of the land.
  • Remainderman: The person who receives the property after the prior estate terminates.
  • Real property is considered illiquid as it is not easily sold.
  • Air Rights are often regulated by local zoning ordinances.

Business and Real Estate Agreements

  • Joint Venture: A business agreement where parties develop a new entity/assets for a limited time by contributing equity.
  • Fee Simple Estate is the same as Fee Simple Absolute.

Fixtures and Personal Property

  • Trade Fixture: Personal property attached to land/improvements, becoming part of the property.
  • Artwork is not a fixture.
  • Oil beneath a property is an example of a subsurface right.

Types of Real Estate and Estates

  • Churches, theaters, and schools are examples of Special Purpose Real Estate.
  • An Estate for Years does not automatically renew.
  • The right to access a lake adjacent to a property is an example of a littoral right.
  • Tenancy at Sufferance occurs if a tenant remains longer than the term specified in an estate for years.
  • Littoral Rights apply to a property owner whose land borders a body of water, such as a lake, ocean, or sea, for reasonable use and enjoyment of the shore and water the property borders on.
  • Severalty: Ownership by a single individual.
  • Curtesy: A husband’s interest upon the death of his wife in the real property of an estate that she owned or inherited, provided they had a child capable of inheriting the estate.
  • Riparian Rights allow access to and use of a river for recreational purposes for the owner of a property adjacent to the river.
  • Littoral Rights are associated with a stagnant body of water.

Property Ownership Conditions

  • Unities of interest, Possession, Time, and Title: Conditions for creating certain property interests.
  • Limited Liability Company: This type of ownership is common in real estate as the owners are not personally liable for damages.
  • Condominium: An example of residential property use.
  • Subsurface Rights: Selling a portion of natural gas located deep beneath a property.
  • Estate for Years: A leasehold estate granted to a tenant for a specified period, like a one-bedroom apartment leased for a year.
  • Air Rights are exemplified by unused buildable square footage that can be developed or sold to an adjacent lot.
  • Remainderman: Mary's sister's children are the remainderman, receiving ownership after a life estate of 15 years.
  • Estate for Years: Any leasehold estate for a specific period of time.
  • Trustee: Holds property, authority, or a position of trust for another's benefit.
  • Personal Property: Any property that is not real property.

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