1.
Real property is defined as the land and generally whatever is erected, growing upon or affixed to the land. Which of the following would not be considered real property
Correct Answer
C. Log cut from one of the trees
Explanation
A log cut from one of the trees would not be considered real property because it has been detached from the land. Real property includes things that are attached to the land, such as trees, but once something is separated from the land, it is no longer considered real property.
2.
A fixture in the real estate sence is considered
Correct Answer
B. Real Property
Explanation
Real property refers to land and any permanent structures attached to it, such as buildings and houses. It also includes the rights and interests associated with the land, such as mineral rights or easements. In the context of the real estate scene, a fixture is considered real property because it is permanently attached to the land or a building. Fixtures are typically included in the sale of a property and cannot be easily removed without causing damage.
3.
Ground water probably belongs to:
Correct Answer
A. Land owner
Explanation
Groundwater probably belongs to the land owner because in most legal systems, land owners have rights to the water beneath their property. This is known as the "rule of capture" or "absolute ownership" doctrine, which allows land owners to extract and use groundwater as they see fit. However, there may be certain regulations and restrictions in place to prevent overuse or depletion of groundwater resources.
4.
An appurtenant easement usually is:
Correct Answer
B. A liability to the property on which it is located
Explanation
An appurtenant easement is a right or privilege granted to a property owner to use a portion of another property for a specific purpose. While it may provide some benefits, such as access to a road or utility lines, it is considered a liability because it restricts the full use and control of the property. The property owner must allow the easement holder to use the designated area, which can limit their ability to develop or modify their property as desired. Therefore, an appurtenant easement is seen as a burden or liability to the property on which it is located.
5.
Which word refers to the most all-inclusive classification of property:
Correct Answer
B. Hereditaments
Explanation
Hereditaments refers to the most all-inclusive classification of property. This term encompasses all types of property that can be inherited, including land, buildings, and other tangible and intangible assets. It is a legal term used to describe the broadest category of property rights that can be passed down through inheritance.
6.
Hill owns an appurtenant easement on Dale's property. Hill sold to Klutz with no montion of the easement. What happens.
Correct Answer
B. Easement is binding because it goes with the land
Explanation
The correct answer is that the easement is binding because it goes with the land. This means that even though Hill sold the property to Klutz without mentioning the easement, Klutz still has to abide by the terms of the easement because it is attached to the property itself. The easement is considered a property right and is transferred along with the land, regardless of whether or not it is mentioned in the sale agreement.
7.
Patents, trademarks and copyrights are an example of:
Correct Answer
C. Intangible property
Explanation
Patents, trademarks, and copyrights are considered intangible property because they are intellectual creations that cannot be physically touched or possessed. Unlike tangible or corporeal property, which includes physical objects like land or buildings, intangible property refers to assets that have value but do not have a physical form. Patents protect inventions, trademarks protect brands and logos, and copyrights protect original works of authorship. These forms of intellectual property are valuable assets that can be bought, sold, licensed, or used as collateral, even though they do not have a physical presence.