CRES: LAW AND PRACTICE 1 - EXAM
QUESTIONS WITH 100% ACCURATE ANSWERS
An owner of real estate possesses certain rights, including:
A. possession of the property
B. control of the property
C. disposition of the property
D. all of the above - Accurate answers D. All the above
Explanation
Possession, control and disposition of ownership are included in the bundle of rights. The
"Bundle of Rights" can best be remembered by the name "C-U-P-E-D". These letters stand for
control, use, possess, enjoyment, and dispose.
Personal property may be distinguished from real property by its:
A. great variety
B. mobility
C. overhead price
D. multiplicity of uses - Accurate answers B. Mobility
Explanation
Personal property is not attached to the land or the improvements and it usually is movable.
Even though it may be personal property, the contract can include it in the sale of the real
estate and then, by means of the contract it does become real estate.
From the legal point of view, real estate includes:
A. the earth's surface
B. underlying minerals
C. underground water
D. all of the above - Accurate answers D. All the above
Explanation
Real estate is land from the earths surface to the center of the earth and up into space, plus any
natural attachments (example: trees, oil, minerals) or permanent man-made improvements
(example: house, factory, fence, sewer) that are attached.
Legal tests to determine whether a fixture (something which is attached) should stay or can be
removed from a property by a Seller include all of the following EXCEPT:
, A. intention of the parties
B. method of attachment
C. how they were purchased
D. existence of an agreement - Accurate answers C. how they were purchased
Explanation
Legal tests of a fixture include intention of the parties (did they plan for it to stay or did they
plan to take the object usually defined in the contract), method of attachment (is it screwed
into the wall like a curtain rod or is it just hanging on a rod like a curtain), its type and
adaptability to the real property, and the relationship of the parties which is usually set forth in
an agreement or contract.
The word improvement refers to:
A. streets
B. sewage and drainage systems
C. sidewalks
D. all of the above - Accurate answers D. all of the above
Explanation
Streets, sidewalks, sewers, and drainage systems all are improvements to the land and increase
its value.
Real property may become personal property by:
A. severance
B. purchase
C. severance and purchase
D. annexation - Accurate answers A. severance
Explanation
Severing property from the real estate, for example extracting minerals from the earth creates
personalty or personal property. Another example would be cutting down a tree and turning it
into firewood. As a tree it was real property but as firewood it would be personal property.
Any right that goes with the land and cannot be separated from it is classified as:
A. an appurtenance
B. a leasehold estate
C. an estate for years
D. a life estate - Accurate answers A. an appurtenance
Explanation
QUESTIONS WITH 100% ACCURATE ANSWERS
An owner of real estate possesses certain rights, including:
A. possession of the property
B. control of the property
C. disposition of the property
D. all of the above - Accurate answers D. All the above
Explanation
Possession, control and disposition of ownership are included in the bundle of rights. The
"Bundle of Rights" can best be remembered by the name "C-U-P-E-D". These letters stand for
control, use, possess, enjoyment, and dispose.
Personal property may be distinguished from real property by its:
A. great variety
B. mobility
C. overhead price
D. multiplicity of uses - Accurate answers B. Mobility
Explanation
Personal property is not attached to the land or the improvements and it usually is movable.
Even though it may be personal property, the contract can include it in the sale of the real
estate and then, by means of the contract it does become real estate.
From the legal point of view, real estate includes:
A. the earth's surface
B. underlying minerals
C. underground water
D. all of the above - Accurate answers D. All the above
Explanation
Real estate is land from the earths surface to the center of the earth and up into space, plus any
natural attachments (example: trees, oil, minerals) or permanent man-made improvements
(example: house, factory, fence, sewer) that are attached.
Legal tests to determine whether a fixture (something which is attached) should stay or can be
removed from a property by a Seller include all of the following EXCEPT:
, A. intention of the parties
B. method of attachment
C. how they were purchased
D. existence of an agreement - Accurate answers C. how they were purchased
Explanation
Legal tests of a fixture include intention of the parties (did they plan for it to stay or did they
plan to take the object usually defined in the contract), method of attachment (is it screwed
into the wall like a curtain rod or is it just hanging on a rod like a curtain), its type and
adaptability to the real property, and the relationship of the parties which is usually set forth in
an agreement or contract.
The word improvement refers to:
A. streets
B. sewage and drainage systems
C. sidewalks
D. all of the above - Accurate answers D. all of the above
Explanation
Streets, sidewalks, sewers, and drainage systems all are improvements to the land and increase
its value.
Real property may become personal property by:
A. severance
B. purchase
C. severance and purchase
D. annexation - Accurate answers A. severance
Explanation
Severing property from the real estate, for example extracting minerals from the earth creates
personalty or personal property. Another example would be cutting down a tree and turning it
into firewood. As a tree it was real property but as firewood it would be personal property.
Any right that goes with the land and cannot be separated from it is classified as:
A. an appurtenance
B. a leasehold estate
C. an estate for years
D. a life estate - Accurate answers A. an appurtenance
Explanation