Quiz 5 Estates in Real

1. A person who has complete control of a parcel of owns a a. . c. . b. estate. d. defeasible fee estate.

2. A life estate conveys to the life tenant a. a leasehold for life. c. a legal life estate. b. a reversionary interest. d. for life.

3. Which of the following comes with ownership for an indefinite period of time? a. estate c. Estate for years b. Less-than-freehold estate d.

4. If the owner of the dominant tenement becomes the owner of the servient tenement and merges the two , a. the becomes dormant. b. the easement is unaffected. c. the easement is terminated. d. the properties retain their former status.

5. A decedent left a will giving his neighbor the right to use a well on the decedent's land as long as the neighbor lived. The neighbor's interest in the is properly called a(n) a. license. c. easement appurtenant. b. easement in gross. d. life estate.

6. Lane held fee simple to a vacant lot adjacent to Benefis Hospital. He was persuaded to make the lot available to Benefis. She had her attorney prepare a that conveyed ownership of the lot to the hospital “…so long as it is used for medical purposes." After the completion of the , the hospital will own a a. life estate. c. determinable fee estate. b. tenancy for years. d. periodic tenancy.

7. The type of real estate ownership that is the most comprehensive is a a. fee simple estate. c. conditional fee estate. b. life estate. d. reversionary interest.

8. A father conveyed the family home to his daughter by will as a pur autre vie estate for the life of her mother. If the daughter should die before the mother, who gains of the property? a. The daughter’s heirs c. The mother b. The remainderman d. The father’s other children

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9. Janet and Rick are next-door neighbors. Janet tells Rick that she can store her boat free-of-charge in her yard for a few weeks until he needs the space. Rick has a(n): a. easement appurtenant. c. . b. easement by necessity. d. license.

10. Your neighbors use your driveway to reach their garage which is on their property. Your attorney explains that ownership of the neighbors' real estate includes an easement appurtenant giving them the right to do this. Your property is the a. leasehold interest. c. servient tenement. b. dominant tenement. d. license property.

11. Quint owned two acres of land. He sold one acre to Farley and reserved for himself an appurtenant easement over Farley's land for ingress and egress. Quint’s land a. is the sevient tenement. b. is the dominant tenement. c. can be cleared of the easement when Quint sells the withheld acre to a third party. d. is subject to an easement in gross.

12. Cathy owns 30 acres of land with 600 feet of frontage on a desirable recreational lake. She wishes to subdivide the parcel into salable lots, but she wants to retain control over the lake frontage while allowing lot owners to have access to the lake. Which of the following types of access rights would provide the greatest protection for a prospective lot purchaser? a. An easement in gross c. An easement by necessity b. An appurtenant easement d. A license

13. Which of the following is an example of a legal life estate? a. A homestead estate b. An estate conveyed by one party to a second party for the life of the second party c. An estate created by a will d. An estate conveyed to a second party subject to a condition

14. For land to be taken by the government under its right of , which of the following must apply? a. The taking must be for a public purpose. b. There must be a statutory dedication. c. This must be an adverse action. d. There must be constructive notice.

15. Erica conveys a life estate to her grandson and stipulates that upon her death the estate will pass to her son-in-. The son-in-law has a(n) a. reversionary interest c. estate for years. b. interest d. legal life estate.

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16. JB conveys the ownership of his house to his mother and stipulates that upon her death he will recapture ownership. The interest JB has in the property is a a. remainder interest c. legal life estate. b. curtesy estate. d. reversionary interest

17. A person who acquired ownership that can be inherited, with the contingency that the land must always be used for recreational purposes, has which of the following? a. A fee simple estate b. A fee estate subject to condition subsequent c. A restricted estate d. An estate that cannot be sold

18. A developer grants a local power company the right to install necessary transmission lines. This right is an example of a(an) a. license. c. easement by prescription. b. easement in gross. d. conditional use permit.

19. The process by which government can acquire ownership of private land for public use is a. . c. eminent domain b. condemnation. d. doctrine of public acquisition.

20. A person wants to ensure that the ownership of can be willed to her children. Which of the following forms of ownership would the person want? a. A conventional life estate b. A fee simple estate c. A joint tenancy d. A license

21. An owner divides a parcel into several lots, one of which is completely surrounded by other lots and has no street access. Which of the following is true? a. The municipality must construct a street to create access. b. The owner must create an easement by condemnation to provide access. c. An easement by prescription should be granted. d. An easement by necessity should be created for the landlocked parcel.

22. The road to Body’s hunting cabin is windy and long, and the shorter, more direct route, is across Jody’s land. Body has used the more direct route for years and has never seen Jody . He hopes to eventually gain an easement by a. necessity c. condemnation b. perscription d. license

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Quiz 5: Estates in Real Estate Answer Key

1. b. The highest interest in real estate recognized by law is the fee simple or fee simple absolute estate, wherein the holder is entitled to all rights of the property. 2. d. A conventional life estate is a freehold estate limited in duration to the life of the life tenant. 3. a. Freehold estates, which last an indefinite period of time, include fee simple, defeasible fee, and life estates. 4. c. One way of terminating an easement is when the owner of either tenement becomes the owner of both and the properties are merged under one legal description. 5. b. A personal easement in gross is an individual’s right to use someone’s land and generally terminates on the death of the easement owner. 6. c. The words “so long as” create a fee simple determinable that limits use of the property for medical purposes. The former owner retains the possibility of reverter. 7. a. An estate in fee simple is the highest interest in real estate recognized by law. Fee simple ownership is absolute ownership: The holder is entitled to all rights to the property. 8. a. A life estate based on the lifetime of a person other than the life tenant is known as “pur autre vie”. The daughter is the life tenant, but the measuring life is the mother’s. The daughter’s heirs will inherit the daughter’s life estate, but it will end when the mother dies. 9. d. A license is a personal privilege to enter the land of another for a specific purpose and the right is given orally or informally. 10. c. Your driveway is the parcel over which the property runs and is the servient tenement. The parcel that benefits the neighbors, is known as the dominant tenement. 11. b. Quint’s parcel benefits from the easement and is the dominant tenement. Farley’s tract, over which the easement runs, is the servient tenement. 12. b. An appurtenant easement is annexed to the ownership of one parcel and allows the owner use of the neighbor’s land. The easement transfers with the title and so provides the greatest protection for a prospective purchaser. 13. a. Legal life estates, such as a homestead estate, are not created voluntarily by an owner, but are established by state law. 14. a. Under the right of eminent domain, the government can acquire privately owned real estate for public use, which is defined very broadly. 15. b. When a life estate ends, it is replaced by a fee simple estate. The Herta’s son-in-law has in the fee simple estate that will convey to him when the life estate ends is called a remainder interest. 16. d. JB’s future interest in the fee simple estate is called the reversionary interest, as ownership will revert to the original owner when the life estate ends. 17. b. A fee simple defeasible is a qualified estate and one type is subject to a condition subsequent. This means that the new owner must NOT perform some action or activity. 18. b. Utility are rights to use someone else’s land and are called easements in gross. 19. b. Condemnation is the process; eminent domain is the right of the government to acquire ownership of private land for public use. 20. b. A fee simple estate is of unlimited duration and passes to the owner’s heirs. 21. d. An easement by necessity is created by court order based on the principal that owners have the right to enter and exit their land. 22. b. If Body’s use of the land is visible and open, and if the owner must have been able to learn of it, he may be able to acquire an easement by prescription, depending on the time period required by state law.

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