Chapter 5- Book Quiz (plus)

The right of a governmental body to take ownership of real estate for public benefit is called

• escheat.

• eminent domain.

• condemnation.

• police power.

Answer explanation

The answer is eminent domain. Under our system of property law, the government retains the right to take ownership of privately owned real estate if the taking is for the public good and the owner receives just compensation. The right or power of the government is eminent domain; the method or process of condemnation. (p. 71)

A portion of person A’s building was inadvertently built on person B’s land. This is called an

• encroachment.

• avulsion.

• easement.

• accretion.

Answer explanation

The answer is encroachment. An encroachment is the illegal extension of a building or fence that extends beyond the land of the owner and is usually disclosed by either a physical inspection of the property or a spot survey. (p. 79)

Under what authority may municipalities and counties enact legislation to preserve order and to protect public health?

• States enabling act

• permission conferred by the federal government

• permitted by common law

• the right of eminent domain

Answer explanation

The answer is States enabling act. Every state has the power to enact legislation to preserve order, protect the public health and safety and to promote the general welfare of its citizens. The states authority is passed on to municipalities and counties through legislation called enabling acts. (p. 70)

Your neighbors use your driveway to reach a garage located 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 dominant tenement.

• a defeasible estate.

• a leasehold interest.

• a servient tenement.

Answer explanation

The answer is a servient tenement. In an easement a pertinent, the parcel over which the easement runs is the servient tenement- meaning that it serves the other property. Your property is subject to the easement, which benefits the neighbor, who is the dominant tenement. (p. 75-76)

Which of the following is classified as a life estate?

• An estate pur autre vie

• An estate held by lease

• in a state without condition

• a fee simple estate

Answer explanation

The answer is in a state pur autre vie. While the duration of a life estate can be measured by the duration of the life tenant’s life, it may also be measured against the life of someone other than the life tenant. Such an estate is known as an estate pur autre vie, meaning “for the lifetime of another”. (p. 73)

Many states determine water use by allotting water to users who hold recorded beneficial use permits. This type of water use privilege is called

• riparian rights

• littoral rights

• the doctrine of prior appropriation

• the doctrine of highest and best use

Answer explanation

The answer is the doctrine of prior appropriation. In states that subscribe to the doctrine of prior appropriation, the right to use water is controlled by the state period to secure water rights in the states, a landowner must secure a permit to use a specified amount of water for a beneficial use. (p. 81)

All of the following are powers of the government EXCEPT

• condemnation.

• police power.

• eminent domain.

• taxation.

Answer explanation

The answer is condemnation. Condemnation is the process by which the government acquires ownership of private property. Condemnation is not a right, but rather the method by which the government exercises its right of eminent domain. (p. 71)

Property deeded to a school “for educational purposes only” conveys a

• fee simple absolute.

• fee simple on condition precedent.

• leasehold interest.

• fee simple on condition subsequent.

Answer explanation

The answer is fee simple on condition subsequent. Property conveyed “for educational purposes only” or some other condition creates a fee simple estate qualified by a “condition subsequent.” If the condition is broken, the former owner can initiate legal action to reclaim ownership. (p. 73)

A man conveys ownership of his residence to his daughter but reserves for himself a life estate in the residence. The interest the daughter owns during her father's lifetime is

• pur autre vie.

• a future interest.

• a current interest.

• a leasehold.

Answer explanation

The answer is a future interest. The man has conveyed a future interest to his daughter, known as a remainder interest. During his life, the man owns the life estate and is the life tenant. Upon his death, ownership passes to the daughter as the remainderman. (p. 74)

Which is a characteristic of an appurtenant easement?

• runs with the land

• terminates with the sale of the property

• is a right-of-way for a utility company

• is revocable

Answer explanation

The answer is runs with the land. An impertinent easement is said to “run with the land,” in that it is binding not only on the current owner but also on future owners. The permanent easement can be terminated if one of the owners become the owner of both properties or if the servient tenement relinquishes the right. (p. 76)