Free CLA/CP Real Property Rights Questions and Answers — Questions and Answers
Question 1: Two unmarried friends purchase a lake house together. The deed specifies they are 'joint tenants with right of survivorship.' If one of the friends dies, what happens to the deceased friend's ownership interest in the property?
- It is inherited by the deceased friend's heirs according to their will.
- The state government takes ownership through escheat.
- It automatically transfers to the surviving friend. (Correct answer)
- It must be sold at a public auction to satisfy any of the deceased's debts.
Correct answer: It automatically transfers to the surviving friend.
Joint tenancy with right of survivorship (JTWROS) is a form of co-ownership where, upon the death of one owner, their interest automatically passes to the surviving joint tenant(s). This transfer happens outside of probate and is not controlled by the deceased owner's will. Tenancy in common is the form of ownership where an owner's share passes to their heirs.
Question 2: A landowner sells the back half of their property to a buyer, but in doing so, the buyer's new parcel has no access to a public road. Which of the following is MOST likely to be created by a court to grant the buyer access across the seller's remaining land?
- An easement in gross
- A prescriptive easement
- A license
- An easement by necessity (Correct answer)
Correct answer: An easement by necessity
An easement by necessity is created when a property is divided in such a way that one parcel becomes landlocked, without any reasonable access to a public road. The law presumes the parties intended to create access. A prescriptive easement is acquired through adverse use, an easement in gross benefits a person or entity rather than a parcel of land, and a license is a revocable permission.
Question 3: Which type of deed offers the grantee (buyer) the LEAST amount of protection and makes no warranties about the status of the property's title?
- General Warranty Deed
- Special Warranty Deed
- Quitclaim Deed (Correct answer)
- Deed of Trust
Correct answer: Quitclaim Deed
A quitclaim deed transfers whatever interest the grantor (seller) has in the property, if any, without making any promises or warranties about the quality of the title. In contrast, a General Warranty Deed offers the most protection, and a Special Warranty Deed offers limited protection.
Question 4: A city government informs a property owner that her land is being taken to build a new public library. The city offers to pay the owner the fair market value for the property. This action is an exercise of which governmental power?
- Zoning authority
- Police power
- Taxation power
- Eminent domain (Correct answer)
Correct answer: Eminent domain
Eminent domain is the power of the government to take private property for public use, provided that 'just compensation' (typically fair market value) is paid to the owner. This power is granted by the Takings Clause of the Fifth Amendment to the U.S. Constitution.
Question 5: In real property law, what is the legal term for an item of personal property that has been attached to the land or a building in such a permanent way that it is legally considered part of the real property?
- A chattel
- A fixture (Correct answer)
- An appurtenance
- An encumbrance
Correct answer: A fixture
A fixture is personal property (chattel) that has been affixed or attached to real property in such a manner that it is treated as part of the real estate. Factors used to determine if an item is a fixture include the method of attachment, its adaptation to the property, and the intent of the party who attached it.
Question 6: Which of the following represents the highest and most complete form of property ownership, granting the owner the full bundle of rights for an unlimited duration?
- Life Estate
- Fee Simple Absolute (Correct answer)
- Leasehold Estate
- Fee Simple Defeasible
Correct answer: Fee Simple Absolute
Fee simple absolute is the highest form of real property ownership, providing the owner with the most complete set of rights (the 'full bundle') with potentially infinite duration. A life estate is limited to a person's lifetime, a leasehold is for a specific term, and a fee simple defeasible is subject to a condition that could cause ownership to terminate.
Free CLA/CP Real Property Rights Questions and Answers
Two unmarried friends purchase a lake house together.
The deed specifies they are 'joint tenants with right of survivorship.' If one of the friends dies, what happens to the deceased friend's ownership interest in the property?