UNIT 2 Flashcards - rights is not correct?a. Riparian property owne...

UNIT 2 Flashcards Which of the following statements concerning riparian rights is not correct?a. Riparian property owners have reasonable use of flowing water. b. The owner of property bordering a stream or river has riparian rights. c. Riparian property owners own the water and may use as much as they want. d. The owner of adjacent land may not lawfully divert all available water and thereby deprive a riparian owner of water.(c)The owner of property bordering a stream or river has riparian rights (a riparian owner). Riparian property owners have reasonable use of flowing water, providing it does not injure other riparian landowners. Riparian rights have been ruled in court to be real property. Such rights, like most others, are not immune from actions such as prescription and condemnation. [Property]

In a technical sense, the term "property" refers to:a. rights

or interests in the thing owned.b. a freehold estate.c.personal property only.d. land and buildings only.(a)Property refers to the bundle (collection) of rights a person has in the thing owned. [Bundle of Rights] Which statement is correct regarding recording a grant deed?a. A deed must be acknowledged to be recorded.b. A deed must be recorded.c. A deed must be recorded to be acknowledged.d. A deed must be notarized to be valid.A deed must be acknowledged to be recorded.

A renter holds a:a. freehold estate.b. life estate.c.

less-than-freehold estate.d. fee simple estate.

• less-than-freehold estate.

Of the following, which is not one of five general tests of a fixture?a. Method of attachmentb. Time of attachmentc.Adaptability of the itemd. Intention of the parties (b)In addition to (a), (c), and (d), the other two general tests are the relationship between the parties and an agreement between the parties. [Property] How are a joint tenancy interest and a community property interest alike?a. Ownership interests are equalb. Only spouses are involvedc. Both owners must join in any conveyanced. Both provide the right of survivorship (a)A joint tenancy requires equal interests. Community property ownership is also an equal 50/50 interest.[Ownership of Real Property]

A leasehold is also known as a(n):a. estate of

defeasance.b. freehold estate.c. less-than-freehold estate.d. life estate.less-than-freehold estate.Chris, Bell, and Lyn took title to a property as joint tenants.Chris sold her share to Pat, and then Bell died. Who owns the property now?a. Lyn owns 2/3 and Pat owns 1/3 as tenants in common.b. Lyn, Pat, and Bell's heirs own the property 1/3 each as joint tenants.c. Lyn owns 2/3 and Pat owns 1/3 as joint tenants.d. Lyn, Pat, and Bells's heirs own the property 1/3 each as tenants-in-common.(a)A person may sell a joint tenancy interest, but may not will it. When Chris sold her interest to Pat, Pat became a tenant in common. Bell and Lyn remained as joint tenants.When Bell died, Bell's third was automatically conveyed to Lyn, So Lyn ends up owning 2/3 and Pat 1/3-both as tenants in common. [Ownership of Real Property] Which of the following is considered real property?a.Timberb. Airspace above the landc. Unharvested crops under a prior sales contractd. Landfill soil being hauled (b)Land includes the surface, the space above, and the space beneath for an indefinite distance. Timber, crops, and landfill soil are movable personal property. [Property] Two friends contributed equal amounts to purchase a vacation home. There was no mention of the ownership interest of each person or how title was to be taken. Under

these circumstances, each person would hold a(n):a.

undivided 1/2 interest as a tenant in common.b. undivided 1/2 interest as community property.c. divided 1/2 interest as a joint tenant.d. divided 1/2 interest as ownership in severalty.undivided 1/2 interest as a tenant in common.The property rights that someone has in something are

known collectively as:a. the bundle of rights.b. inherent

rights.c. inherited rights.d. real estate.the bundle of rights.

Which of the following is considered real property?a.Bearing wall in a single-family residenceb. Grape crop that is governed by a sales contractc. Trade fixtures installed by a tenant that are removable without damaged. Built-in stove in a mobile home with no permanent foundation (a)Crops that are intended to be harvested and trade fixtures are personal property. A mobilehome not attached to a foundation, including its contents, is considered personal property. [Property] Why do disputes arise regarding ownership of personal property?a. Personal property can be pledged.b. Personal property can be alienated.c. Personal property can be hypothecated.d. Personal property can become real property (d)Personal property becomes real property if it is permanently affixed to land or improvements. [Property] The words "time, title, interest, and possession" are most

closely related to:a. severalt y.b. survivorship.c. sole

ownership.d. adverse possession.(b)These are four unities of a joint tenancy. If formed properly, a joint tenancy creates a right of survivorship.[Ownership of Real Property] Which of the following is considered appurtenant to land?a.Something acquired by legal right and used with the land for its benefitb. A right-of-way over another's adjoining landc. Stock in a mutual water companyd. All of the above (d)An appurtenance is anything used with the land for its benefit, such as easements and stock in a mutual water company [Property Of the following, which is not a right included in the bundle of rights?a. Right to taxb. Right to ownc. Right to used.Right to transfer Right to tax John conveys a portion of his fee estate to Fred that is for a

term less than his own, John's own interest would be:a.

remainder.b. reversion.c. vested sufferance.d. fee defeasible.(b)The rights of possession and use would return to John, so John has a reversionary interest. A remainder interest would be one that goes to a third party. [Types of Estates] Whenever an interest in real property is transferred voluntarily or involuntarily, why should the new owner record the transfer instrument?a. Recording the transfer instrument is required by the Recording Act of California.b.Recording the transfer instrument protects his or her legal interests.c. Recording the transfer instrument gives actual notice of an interest in real property.d. All of the statements are correct.

• Recording the transfer instrument protects his or her

legal interests.The Recording Act of California provides that, after acknowledgment, any instrument or abstract judgment affecting the title to-or possession of-real property MAY be recorded. Whenever an interest in real property is transferred voluntarily or involuntarily, the new owner should record the transfer instrument to protect his or her legal interests. Recording a document gives constructive notice of an interest in real property.A contract to sell community real property made by one

spouse only is:a. valid.b. illegal.c. enforceable.d.

unenforceable (d)A contract to sell community real property must be signed by both spouses. If it is signed by only one, the contract cannot be enforced. [Ownership of Real Property]

Another name for an estate of inheritance is:a. life estate.b.

escheat.c. fee simple.d. less-than-freehold.fee simple.What is the commonality of the terms, measuring life, pur autre vie, and life tenant?a. They are associated with life estates.b. They are associated with joint tenancy.c. They are associated with tenancy at will.d. They are associated with community property They are associated with life estates.

Emblements are:a. real property.b. personal property.c.

appurtenances.d. vegetables growing in a garden.personal property.

Which of the following is considered personal property?a.An easementb. Mineralsc. Trees growing in a forestd. An existing mortgage (d)Easements, mineral rights, and trees are all real property. [Property] Which of the following is considered personal property?a.Mineralsb. Leasesc. All improvements to landd. Trees growing in a natural forest (b)A lease, also known as a leasehold estate, is a personal property estate of a tenant. [Property

Ownership in severalty would most likely involve:a. a fee

simple defeasible estate.b. tenancy in common.c.ownership with other parties.d. sole ownership.sole ownership.Annual crops produced by human labor, such as fruits,

nuts, vegetables, and grains are:a. fructus industriales.b.

fructus naturales.c. real property.d. easements.fructus industriales.Fructus industriales are annual crops produced by human labor, such as fruits, nuts, vegetables, and grains. The main difference between cultivated plants and wild plants is that cultivated plants are considered personal property even before they are harvested.David left his son 2/3 interest and left his son's wife 1/3 interest in real property jointly and without the right of

survivorship. They will take title as:a. community

property.b. joint tenancy.c. tenancy in common.d. severalt y (c)The unequal interests disallow community property or joint tenancy. Severalty is ownership by an individual.[Types of Estates] Baker, Cook, and Turner own equal interests in a parcel of land as tenants in common. Without the consent of the others, Turner leased the entire parcel to Hunter for

agricultural purposes. Such a lease would be:a. valid and

binding for all three co-tenants.b. invalid because land owned by multiple owners may not be leased.c. valid, provided that the term did not exceed 51 years.d. valid, but Hunter takes the property subject to Baker and Cooks right to share in the enjoyment and possession of the property.(d)Each tenant-in-common has the right to use the entire property. Therefore, Turner cannot give exclusive possession to Hunter because the other tenants in common did not agree to or sign the lease. Tenants in common are free to sell, convey (sell or lease), or mortgage their own interest. [Ownership of Real Property] Which of the following is not real property?a. Airspaceb.Solid mineralsc. Gas and oild. Trees Gas and oilMinerals are owned as real property unless they are fugitive substances, that is, non-solid, migratory minerals such as oil or gas. Oil and gas may not be owned until taken from the ground, at which time they become the personal property of whoever removed them.

"Of indefinite duration" is a phrase that describes an:a.

tenancy for years.b. periodic tenancy.c. estate of inheritance.d. less-than-freehold estate.(c)Freehold estates are real property estates of ownership.This type of estate continues for an indefinite period and is sometimes called an estate of inheritance. [Types of Estates Which type of ownership is not concurrent ownership?a.Community propertyb. Ownership in severaltyc. Tenancy in commond. Joint tenancy

• Ownership in severalty

An owner builds an expensive oak bookcase and places it in his den, affixing it permanently to wall for stability. When

the home is sold, if no special arrangements are made:a.

the seller may take the bookcase.b. it has become a fixture and belongs to the buyer.c. it has become a fixture and belongs to the seller.d. it has become personal property