The overriding test of whether an item is a fixture

RIGHTS IN REAL ESTATE Flashcards Which level of government controls zoning laws?a. Stateb.Taxing authoritiesc. Federald. County and local

• County and local

Surface rights, air rights and subsurface rights area.inviolable.b. unrelated.c. separable.d. not transferrable.

• separable.

The overriding test of whether an item is a fixture orpersonal property isa. how long it has been attached to the real property.b. its definition as one or the other in a sale or leasecontract.c. how essential it is to the functioning of theproperty.d. how it was treated in previous transactions.

• its definition as one or the other in a sale or lease

contract.An item can be converted from real to personalproperty and vice versa by means of whichprocesses?a.Assemblage and plottageb. Application and dissolutionc.Affixing and severanced. Personalty and severalty

• Affixing and severance

What is the "Doctrine of Prior Appropriation?"a. A pre-emptive zoning ordinanceb. The right of government to confiscate land andimprovementsc. A doctrine that gives the state control of water use and the water supplyd. A real estate tax applied to owners of water rights

• A doctrine that gives the state control of water use and

the water supply What is the primary thrust of federal involvement in realestate law?a. Taxationb. Licensingc. Broad regulation of usaged. Zoning

• Broad regulation of usage

The right to use real property is limited bya. the right of others to use and enjoy their property.b. the police.c.taxation and subordination.d. Title 12 of the U.S. Civil Code.

• the right of others to use and enjoy their property.

Under the doctrine of littoral rights, an owner claimsownership of all of the land underlying a lake wherethere are three other abutting property owners.Which of the following is true?a. The owner's claim is invalid, because the state owns the underlying land.b. The owner's claim is invalid, because the underlying land is shared equally with the other owners.c. The owner's claim is invalid, because he may only ownunderlying land to the middle of the lake.d. The owner's claim is valid, because the lake is navigable.

• The owner's claim is invalid, because the state owns the

underlying land.What part of a non-navigable waterway does the owner of an abutting property own?a. To the low-water markb. To the middle of the waterwayc. To the high-water markd.None

• To the middle of the waterway

The primary distinction between the legal concepts ofland and real estate is thata. real estate includes air above the surface andminerals below the surface.b. real estate is indestructible.c. land has no defined boundaries.d. land does not include man-made structures.

• land does not include man-made structures.

Which of the following terms refers to the rights of a property that abuts a stream or river?a. Allodialb. Alluvialc.Littorald. Riparian

• Riparian

Which of the following is considered real property?a. A tree growing on a parcel of landb. A tree that has been cut down and is lying on aparcel of landc. A tractor used to mow grass on a parcel of landd. A prefabricated shed not yet assembled on aparcel of land

• A tree growing on a parcel of land

A grocer temporarily installs special fruit and vegetablecoolers in a leased grocery store in order to prevent spoilage. The coolers would be considered which of the following?a. Trade fixtures that are real propertyb.Trade fixtures that are personal propertyc. Permanent fixtures that are real propertyd. Permanent fixtures that are personal property

• Trade fixtures that are personal property

Which of the following is included in the bundle of rightsinherent in ownership?a. To inheritb. To taxc. To transferd. To vote

• To transfer

Which of the following is the best definition of realestate?a.Land and personal propertyb. Unimproved landc. Land and everything permanently attached to itd. An ownership interest in land and improvements

• Land and everything permanently attached to it

The primary distinction between the legal concepts of real estate and real property is thata. real property includes ownership of a bundle of rights.b. real property includes improvements.c. real property is physical, not abstract.d.real estate can be owned.

• real property includes ownership of a bundle of rights.

Which of the following is an example of intangibleproperty?a. Real estateb. Personal propertyc.Artworkd. Stock

• Stock

What are the three unique physical characteristics ofland?a. Fixed, unchangeable, homogeneousb. Immobile, indestructible, heterogeneousc. Three-dimensional, buildable, marketabled. Natural, measurable, inorganic

• Immobile, indestructible, heterogeneous

Which of the following is included in the legalconcept of land?a. The surface of the earth and all natural thingspermanently attached to the earthb. Only the surface of the earth that is delineated byboundariesc. The surface of the earth except for lakes andstreamsd. Everything above, on and below the surface of theearth

• The surface of the earth and all natural things

permanently attached to the earth

What is an emblement?a. A piece of equipment affixed to the earthb. A limited right to use personal propertyc. A sign indicating a property boundaryd. A plant or crop that is considered personalproperty

• A plant or crop that is considered personal property

What guarantees the right of private ownership of realestate in the United States?a. Common lawb. Local statutesc. The Napoleonic Coded. The Constitution

• The Constitution

The major sources of real estate law are legislation atfederal, state and local level, anda. court decisions.b.professional real estate associations.c. real estate commissions.d. local practices.

• court decisions.