Real Estate Law 11th Edition By Jennings – Test Bank

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Sample Questions Posted Below

 

Chapter 03 Extent of Real Estate Interests TRUEFALSE

1. Land ownership includes air rights and subsurface rights. (A) True
(B) False
Answer : (A)

2. Air rights and subsurface rights cannot be conveyed independently. (A) True
(B) False
Answer : (B)

3. Because a landowner owns the airspace above the land, air travel through that airspace is prohibited.

(A) True
(B) False Answer : (B)

4. A column lot is the space between the earth’s surface and an imaginary plane 23′ above the surface.

(A) True
(B) False Answer : (A)

5. Both air lots and column lots must be owned together (held by one owner). (A) True
(B) False
Answer : (B)

6. In condominiums, the owner really owns air space.

(A) True

(B) False Answer : (A)

7. The Doctrine of Ancient Lights has been adopted in the United States. (A) True
(B) False
Answer : (B)

8. Solar easements provide protection from obstruction of light and sunlight. (A) True
(B) False
Answer : (A)

9. A subsurface interest in land should include an easement or license for surface use for access. (A) True
(B) False
Answer : (A)

10. The Rule of Capture permits a party to draw all minerals from the subsurface – even those drifting in from adjoining properties.

(A) True
(B) False Answer : (A)

11. Oil and gas deposits follow clearly defined property boundaries. (A) True
(B) False
Answer : (B)

12. An oil and gas lease is a subsurface property right.

(A) True

(B) False Answer : (A)

13. In federal courts, geothermal energy is treated as a mineral. (A) True
(B) False
Answer : (B)

14. Riparian states are those states primarily east of the Mississippi. (A) True
(B) False
Answer : (A)

15. The Riparian Theory of water rights is one of first in time/first in right. (A) True
(B) False
Answer : (B)

16. The Riparian Theory applies only to those owning property abutting or touching the water body. (A) True
(B) False
Answer : (A)

17. The Prior Appropriation Theory requires the rights of all appropriators to be equal. (A) True
(B) False
Answer : (B)

18. Objects landing on another’s property can constitute trespass. (A) True

(B) False

Answer : (A)

19. A public nuisance is one affecting an indeterminate number of people. (A) True
(B) False
Answer : (A)

20. If a party moves to the nuisance, he/she is are precluded from recovering. (A) True
(B) False
Answer : (B)

21. A private nuisance is not actionable (the affected party cannot successfully sue). (A) True
(B) False
Answer : (B)

22. The title to riverbeds is governed by either the Riparian Theory or Prior Appropriation Doctrine. (A) True
(B) False
Answer : (B)

23. A patron in a store is an invitee. (A) True
(B) False
Answer : (A)

24. A landowner owes the highest duty of care to licensees. (A) True
(B) False

Answer : (B)
25. The Rule of Capture protects landowners drilling from their property at an angle to another

landowners’ property.

(A) True
(B) False Answer : (B)

26. Some states have statutes prohibiting obstruction of solar collectors. (A) True
(B) False
Answer : (A)

27. Without a protective statute, the obstruction of a solar collector is governed by the doctrine of ancient lights.

(A) True
(B) False Answer : (A)

28. Water running from one landowner’s property to another causing flooding is a trespass. (A) True
(B) False
Answer : (A)

29. Landowners are not responsible for injuries to others on their property. (A) True
(B) False
Answer : (B)

30. A permanent structure can be built solely in the air rights in a property. (A) True

(B) False

Answer : (A)

31. The right to a view has been protected since the common law developed in England. (A) True
(B) False
Answer : (B)

32. An easement protecting a view is an example of an air right. (A) True
(B) False
Answer : (A)

33. An example of a profit is the right to remove gravel. (A) True
(B) False
Answer : (A)

34. Planes cannot fly over property owned by others without an easement. (A) True
(B) False
Answer : (B)

35. Most states follow the Doctrine of Ancient Lights. (A) True
(B) False
Answer : (B)

36. The right to lights is governed by the same principles as air rights. (A) True
(B) False

Answer : (B)

37. Invitees are owed the highest degree of care by landowners. (A) True
(B) False
Answer : (A)

38. Landowners are strictly liable for criminal conduct of others that occurs on their property. (A) True
(B) False
Answer : (B)

39. The right to flight over property is given only by easement. (A) True
(B) False
Answer : (B)

40. Those who own subsurface rights have no responsibility to restore and repair surface damage. (A) True
(B) False
Answer : (B)

41. The airplane is part of the modern environment of life, and the inconveniences which it causes are normally not compensable under the Fifth Amendment.

(A) True
(B) False Answer : (A)

42. A property owner affected by the overhang can bring suit for a court order requiring the removal of the eaves or branches.

(A) True

(B) False

Answer : (A)

43. A column lot and air lot cannot be conveyed together in a grant separate from the surface rights. (A) True
(B) False
Answer : (B)

44. The 59-story Met Life Building in New York is built only in the air lot above the surface. (A) True
(B) False
Answer : (B)

45. Oil and gas rights are always taxed as real property. (A) True
(B) False
Answer : (B)

46. Statutes protecting wind power are developing in a fashion similar to the early solar panel statutes.

(A) True
(B) False Answer : (A)

47. There is increasing litigation between states over water allocation. (A) True
(B) False
Answer : (A)

48. Landowners are liable for any injuries resulting from criminal acts committed on their property. (A) True

(B) False

Answer : (B)
49. If you move next to a nuisance, you are not entitled to any remedies for damages caused by the

nuisance.

(A) True
(B) False Answer : (B)

50. The federal government has special funding programs available for developing geothermal energy resources.

(A) True
(B) False Answer : (A)

51. The issue of the right of way for drones has been resolved by the U.S. v. Causby decision. (A) True
(B) False
Answer : (B)

52. Drones have the right of way in the airspace. (A) True
(B) False
Answer : (B)

53. TDRs govern the rights to transfer air and column lots. (A) True
(B) False
Answer : (A)

54. The Energy Improvement and Extension Act extends solar tax credits through 2016.

(A) True

(B) False Answer : (A)

55. The trend in CC&Rs is to allow homeowners’ associations greater authority in regulating solar devices.

(A) True
(B) False Answer : (B)

56. States are not permitted to require buffer zones for wind turbines. (A) True
(B) False
Answer : (B)

57. Fracking is not subject to a great deal of local or federal regulation. (A) True
(B) False
Answer : (A)

58. Fracking is subject to the Oil Pollution Act as well as CERCLA. (A) True
(B) False
Answer : (B)

59. Texas allows landowners to capture rainwater and retain title to it unless it enters the ground. (A) True
(B) False
Answer : (A)

60. Colorado does not allow landowners to capture rainwater for their use.

(A) True

(B) False Answer : (B)

61. A customer is an example of an invitee. (A) True
(B) False
Answer : (A)

62. Grocery store owners are required to periodically sweep their floors to protect customers. (A) True
(B) False
Answer : (A)

63. Landowners owe no duty of care to trespassers. (A) True
(B) False
Answer : (B)

MULTICHOICE

64. ​A patron in a department store is: (A) ​A trespasser.
(B) ​A licensee.
(C) ​An invitee.

(D) ​None of the above Answer : (C)

65. ​What remedies are available for nuisance? (A) ​Money damages

(B) ​Ordering the nuisance creator to turn over title to his property
(C) ​Ordering the nuisance creator to pay for the property of surrounding landowners (D) ​None of the above
Answer : (A)

66. ​The doctrine of “moving to the nuisance”
(A) ​Excuses the party creating the nuisance from any liability (B) ​Is inapplicable to residential developments
(C) ​Applies only to public nuisances
(D) ​None of the above
Answer : (D)

67. ​Geothermal resources are: (A) ​Classified as minerals.
(B) ​Classified as waters.
(C) ​Either a or b

(D) ​None of the above Answer : (C)

68. ​For an act of trespass to occur:
(A) ​The trespasser must have entered the property with his body. (B) ​The trespasser must have caused some damage.
(C) ​The trespasser must have committed some other wrong.
(D) ​None of the above
Answer : (D)

69. ​The column lot:
(A) ​Is the airspace from the surface up to 23 feet. (B) ​Is the airspace above 23 feet above the surface. (C) ​Cannot be transferred.

(D) ​None of the above Answer : (A)

70. ​The Rule of Capture:
(A) ​Allows mining of resources not directly beneath surface owned property. (B) ​Allows limitless mining.
(C) ​Does not apply to oil or gas.
(D) ​None of the above
Answer : (A)

71. ​The Doctrine of Ancient Lights:
(A) ​Exists in England.
(B) ​Exists in the United States.
(C) ​Was adopted by statute in most states. (D) ​None of the above

Answer : (D)

72. ​Which of the following is not characteristic of the Prior Appropriation Doctrine of Water Rights? (A) ​First in time/first in right
(B) ​Must own land abutting or touching the body of water
(C) ​Water can be used for natural and artificial purposes

(D) ​Both b and c
(E) ​All of the above are characteristic of prior appropriation Answer : (B)

73. ​To recover on a nuisance theory:
(A) ​A landowner must establish physical entry of some tangible item. (B) ​A landowner must establish the conduct was intentional.
(C) ​A landowner must establish damage.
(D) ​None of the above

Answer : (C)

74. ​To which of the following groups does a landowner owe the highest degree of care? (A) ​Trespasser
(B) ​Licensee
(C) ​Invitee

(D) ​None of the above Answer : (C)

75. ​Solar easements:
(A) ​Are illegal in most states.
(B) ​Provide the easement holder with a right to light.
(C) ​Exist because the U.S. follows the doctrine of ancient lights. (D) ​Both b and c
(E) ​None of the above
Answer : (B)

76. ​Which of the following rights cannot be conveyed? (A) ​Air rights
(B) ​Mineral rights
(C) ​Prior appropriation water rights

(D) ​None of the above Answer : (C)

77. ​Jonas Smith owns a corner lot that the school children use continually as a short cut on their way to and from Jackson Elementary. Smith grew tired of seeing the diagonal path. He posted signs, which did not deter the children. He erected a gate which they climbed over. He then posted an attack dog at 8:00 a.m. and 3:00 p.m. A child who tried to pet the dog was mauled.

(A) ​Smith is liable for the child’s injuries.
(B) ​The child was a trespasser and Smith is not liable.
(C) ​The child was a licensee, but was warned, hence Smith is not liable.

(D) ​None of the above Answer : (A)

78. ​A riparian:
(A) ​Is a river.
(B) ​Is a landowner of land along a waterway.
(C) ​Is covered by the prior appropriation doctrine. (D) ​Both b and c
(E) ​None of the above
Answer : (B)

79. ​Which of the following is not a limitation on the rule of capture? (A) ​Unitization
(B) ​Doctrine of correlative rights
(C) ​Enhanced recovery operations

(D) ​Sweeping
(E) ​All of the above are limitations on the rule of capture Answer : (A)

80. ​In a mineral interest:
(A) ​The owner owns both surface and subsurface rights. (B) ​The same interest as a profit a prendre is conveyed. (C) ​The surface and subsurface rights are severed.
(D) ​A mineral royalty is also created.
(E) ​None of the above
Answer : (C)

81. ​Which of the following is not an underground water interest? (A) ​Aquifer
(B) ​Percolating waters

(C) ​Artesian waters
(D) ​Navigable stream
(E) ​All of the above are underground waters Answer : (D)

82. ​Rob and Cher Morgan own a single-story home in a subdivision in Chevy Chase, Maryland. Their neighbors who live behind them have nearly completed a renovation and remodeling project of their home whereby they will be adding a second story and attic space. The result is that the Morgans’ backyard is under shade most of the day. Also, the Morgans feel their privacy is breached because, from the second story, all of the Morgans’ backyard and windows are visible.

(A) ​The Morgans have a right to light and could obtain an injunction against the second story.

(B) ​The construction and renovation are a trespass to the Morgans’ light.

(C) ​Absent any state statute, the Morgans have no rights to stop the renovation and remodeling.

(D) ​The neighbors’ renovation is a nuisance for its interference with the Morgans’ use and enjoyment of their property.

Answer : (C)

83. ​Ari Pitt owns a home located next to a baseball park used by the Chicago Cubs for spring training. When Ari purchased his home, the baseball park was small stadium seating 500 with no lights for night games. The city expanded the ballpark last year and added lights. The park is used at night and also for concerts. Ari is kept awake until midnight when there are night games because of the lights and the clean-up crews following the games. When there are concerts, Ari is kept awake by the loud speakers for the music and has litter tossed in his yard by concert goers. Ari:

(A) ​Has a cause of action in nuisance.
(B) ​Has no rights because no one from the city has trespassed.
(C) ​Has rights under the Doctrine of Ancient Lights.
(D) ​Absent statutory protection, must live with the park and its operation. Answer : (A)

84. ​Pittsburgh Fuels (PF) has been drilling for oil near Lancaster, Pennsylvania. The wells have been productive. Fred Deutsch, a farmer with land next to the PF drilling area, has been able to detect a drill bit beneath the surface of his property. Farmer Deutsch:

(A) ​Has no legal means to stop the drilling beneath his property.
(B) ​Has no rights to the oil if Pennsylvania is a rule of capture state. (C) ​Has no rights if Pennsylvania is a Riparian state.

(D) ​Can stop the drilling as a trespass. Answer : (D)

85. ​Ann Fleming’s sprinkler system malfunctioned. As a result, the spray damaged her neighbor’s car’s paint. Ann’s neighbor’s best remedy is:

(A) ​An action for nuisance.
(B) ​Recover for Riparian violation.
(C) ​An action for trespass.
(D) ​Ann’s neighbor has no legal remedy because it is an accident. Answer : (C)

86. ​The tax assessor for Los Angeles county wishes to tax The Shane Company, a jeweler that owns the air rights for its five story building above a theater on Wilshire Boulevard. The Shane Company insists that it owns no real property.

(A) ​The assessor is correct; the air rights are a real property interest. (B) ​The Shane Company is correct; air is not a real property interest. (C) ​The air rights must be taxed as personal property.
(D) ​The theater owns the air rights and should be taxed.

Answer : (A)

87. ​Rick Morgan operates a ranch in a state that follows the prior appropriation doctrine. In 1886, his family had diverted water from the Cooley River to their ranch lands. The effect was that other properties located below Rick’s had access to Cooley River water only during extremely wet seasons when Rick released excessive flow. The neighbors below Rick’s ranch maintain Rick has taken a property right and they are owed compensation.

(A) ​The neighbors are correct because diverting the water was a trespass.
(B) ​The neighbors are correct because water must be allocated in a prior appropriation state. (C) ​The neighbors are incorrect and Rick has not violated their rights.
(D) ​Both a and b
Answer : (C)

88. ​Ellie Bernstein has a large oak tree on her property but the roots of the tree have grown into her neighbor’s, Carl Ephron, property. Carl’s septic system is being damaged by the roots. Carl:

(A) ​Has no rights to stop the tree roots because of the rule of capture.
(B) ​Can destroy the tree.
(C) ​Is entitled to remedies for trespass.
(D) ​Cannot seek remedies for trespass because Ellie did not enter his property physically. Answer : (C)

89. ​Anna and Beverly are neighbors. Anna has installed a series of solar collectors on the roof of her home. The collectors are positioned so that Anna obtains maximum efficiency in the use of the sun. However, Beverly has decided to plant several trees for backyard shade and within three years of planting, the now-tall trees are interfering with the collection of sunlight by Anna’s collectors.

(A) ​In the absence of any statutory protections or an easement, Anna has no rights for demanding removal of Beverly’s trees.

(B) ​Beverly has violated Anna’s right to light and must move the trees.
(C) ​Trees that block solar panels are a violation of federal law.
(D) ​In the United States, the right to light does include protection for solar panels. Answer : (A)

90. ​Grimley Farms has been located on a 62-acre tract of land since, as near as the land documents reflect, the American Revolutionary War. In 1982, Marathon acquired three tracts of land surrounding Grimley Farms and began drilling for oil. Marathon hit a substantial oil find at an angle of drilling and began pumping. The pool of oil is located beneath Grimley Farms. The Grimley family has demanded the majority portion of the royalties from the sale of the oil captured by Marathon. Marathon claims it owns the oil. Which of the following statements is correct?

(A) ​Grimley owns all of the rights to the oil.
(B) ​In a nonownership state, Marathon owns all of the rights to the oil.
(C) ​Marathon owns all of the rights to the oil in a Rule-of-Capture state.
(D) ​Marathon needs a license or profit a prendre from Grimley to drill in a nonownership state. Answer : (B)

91. ​How have environmental concerns affected the prior appropriation doctrine?
(A) ​The prior appropriation doctrine has not been changed or affected by environmental concerns

because of its common-law status.
(B) ​The prior appropriation doctrine is pre-empted by environmental laws.
(C) ​Courts have been balancing environmental concerns with the prior appropriation rules on water

ownership.

(D) ​The U.S. Supreme Court has eliminated the prior appropriation doctrine under the Arizona v. Colorado decision.

 

 

 

 

 

 

 

 

Real Estate Law J Test Bank, Real Estate Law 11th Edition Test Bank,

 

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