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Test 3 LEB 320f Chapter 33 Real Property Exam Questions and Answers
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Test 3 LEB 320f Chapter 33 Real Property
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Test 3: LEB 320f: Chapter 33 Real PropertyKatko v. Briney - Answer -A person, in protecting his property, may not use force calculated to cause death or serious bodily injury, except where there is also a threat to personal safety that justifies self -defense.
Real Property - Answer -land and things attached to land
land - Answer -take the form of either vegetation or fixtures, such as buildings
air rights - Answer -courts now hold that a landowner's air rights are not violated by airplanes flying at reasonable heights
subsurface area - Answer -the most practical result of the rule extending a landowner's property rights to the center of the earth is that he or she owns minerals beneath the surface
vegetation - Answer -both natural ________ (such as trees) and cultivated _________ (such as a growing wheat crop planted by a farmer) are considered to be real property
fixture - Answer -is an item that was originally personal property but that has been attached to the land (or to another fixture) in a relatively permanent fashion (ex: buildings, fences, ceiling fans, cabinets)
fixture: attachment - Answer -an item attached to a building in such a manner that it cannot be removed without damage to the building
fixture: specialized use - Answer -an item specially made or altered for installation in a particular building
Freehold Estates - Answer -is one that can legally exist for an indefinite period of time
Fee simple - Answer -(complete ownership)
ownership is of unlimited duration owner is free to do whatever he or she chooses with the property so long as the owner abides by the law and does not interfere with the rights of adjoining landowners
life estate - Answer -(ownership NOT complete)
person may use and "own" land for their life, but ownership rights terminate after that (important for conveyance purposes!)
future interest - Answer -somebody who owns an interest in property at some point in the future
ex: if a woman dies and her widow husband takes over the life estate of the property, and when he dies, the property goes to the children of the woman (will)
Non-Freehold Estate - Answer -the owner (lessor or landlord) grants to another (lessee or tenant) the temporary right to possess the property in return for the payment of rent (think lease!)
Non-possessory interests - Answer -easements
profit
license
mortgage
easement - Answer -the right to make some limited use of another's real property without taking possession of
types of easements - Answer -(1) Easement by Appurtenant
(2) Easement in Gross
(3) Easement by implication
(4) Easement by prescription
Easements Appurtenant - Answer -one created specifically for use in connection with another tract of land ("runs with the land")
ex: used in the slides ("right of way")
Easement in Gross - Answer -for the benefit person or company (does NOT "run with the land")
(create a pathway for a neighbor to go to the lake)
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