CLA/CP Exam Real Property Rights 2 — Questions and Answers
Question 1: Which doctrine holds that a landowner owns everything from the center of the earth to the top of the sky above their property?
- Riparian rights doctrine
- Cuius est solum doctrine (Correct answer)
- Doctrine of ancient lights
- Prior appropriation doctrine
Correct answer: Cuius est solum doctrine
The cuius est solum doctrine (cuius est solum, eius est usque ad coelum et ad inferos) traditionally grants ownership from earth's center to the sky, though air rights are now limited by aviation law.
Question 2: A tenant in common who has paid more than their share of property expenses may seek reimbursement from co-tenants through which legal action?
- Unlawful detainer
- Contribution (Correct answer)
- Partition
- Quiet title
Correct answer: Contribution
An action for contribution allows a co-tenant who has paid more than their proportionate share of necessary expenses to seek reimbursement from the other co-tenants.
Question 3: What type of easement is created when an owner of a larger parcel sells a portion and the only access to the public road is across the retained land?
- Easement by estoppel
- Easement by prescription
- Easement by necessity (Correct answer)
- Easement by express grant
Correct answer: Easement by necessity
An easement by necessity arises by operation of law when a parcel is landlocked and access across the grantor's retained land is strictly necessary.
Question 4: Under the Rule Against Perpetuities, a future interest is void if it may not vest within:
- 21 years from the date of the instrument
- A life in being plus 21 years (Correct answer)
- 100 years from creation
- The duration of any trust established
Correct answer: A life in being plus 21 years
The common law Rule Against Perpetuities voids any future interest that might not vest within a life in being at the time of creation plus 21 years.
Question 5: Which type of deed provides the grantee with the greatest protection because the grantor warrants title against all claims, even those arising before the grantor's ownership?
- Quitclaim deed
- Bargain and sale deed
- Special warranty deed
- General warranty deed (Correct answer)
Correct answer: General warranty deed
A general warranty deed contains covenants warranting title against all defects and claims, including those arising before the grantor took title.
Question 6: What is the legal term for the right of a landowner whose property borders a stream to use the water flowing past their land?
- Littoral rights
- Prior appropriation rights
- Riparian rights (Correct answer)
- Correlative rights
Correct answer: Riparian rights
Riparian rights entitle owners of land adjacent to a natural watercourse to make reasonable use of the water as it flows past their property.
Question 7: Which recording act type protects a subsequent purchaser only if they recorded their deed before the prior unrecorded grantee?
- Race statute (Correct answer)
- Notice statute
- Race-notice statute
- Shelter rule
Correct answer: Race statute
Under a pure race statute, the first party to record prevails regardless of actual or constructive notice of prior conveyances.
CLA/CP Exam Real Property Rights 2
Which doctrine holds that a landowner owns everything from the center of the earth to the top of the sky above their property?