Test Bank for Practical Real Estate Law, 7th Edition, Daniel
F. Hinkel
103
,Chapter 1 Introduction to the Law of Real Property
TRUE/FALSE
1. The law of real property in general is governed by the law of the state in which the owner of
the real property resides.
2. The law of real property in general is governed by the law of the state where the real property
is located.
3. An owner of real property usually owns all of the minerals beneath the surface of the land.
4. An owner of real property generally does not own the airspace above the surface of the land.
5. A fixture is classified as personal property.
6. A fixture is classified as real property.
7. Occupancy of land by someone without the permission of the owner is a trespass.
8. Since the law does not favor the free right to transfer ownership, the law will approve almost
any restraint on an owner’s right to transfer ownership of property.
9. An estate for years is the highest and best kind of estate in real property an owner can own.
10. A fee simple absolute estate has a potential infinite duration and unrestricted inheritability.
11. A fee simple on condition subsequent estate automatically expires on the happening or
nonhappening of the event stated in the deed of conveyance or the will creating the estate.
12. A life estate must always be for the life of the owner.
13. A life estate may be for life of a person other than the owner.
14. If the owner of a life estate commits waste, the life estate will terminate, even though the owner
is alive.
15. A life estate owner must share the income generated from the life estate with the owner of the
remainder interest.
16. Life estates are transferable during the lifetime of the owner.
17. Life estates are not transferable during the lifetime of the owner.
18. An estate limited in its duration to a fixed period of time is known as a life estate.
19. At common law, an estate at will could be automatically terminated.
104
, 20. A promise to make a gift is generally not revocable.
21. A promise to make a gift is generally revocable.
22. An estate at will is real property that passes by last will and testament.
23. An heir must always be a relative of the decedent.
24. Inheritance is the transfer of ownership of real property when a person dies with a will.
25. Inheritance is the passage of ownership of real property from a person who dies without a will.
26. The doctrine of riparian rights states that the right to use water is given to the landowner who
uses the water first.
27. Appropriation is the doctrine which states that the right to use water is given to the landowner
who uses the water first.
28. Appropriation is the doctrine which states that all landowners must share equally in the use of
water for domestic purposes.
29. Riparian rights is the doctrine which states that all owners of lands must share equally in the
use of water for domestic purposes.
30. Trade fixtures are fixtures that can easily be traded for another type of property.
31. Trade fixtures are items, such as shelving or counters, installed by a tenant on property to assist
the tenant in the conduct of its business.
32. “Color of title” is evidenced by a written instrument such as a deed, court decree, or judgment.
33. A person cannot obtain adverse possession against property that benefits the public.
34. Personal property may include living things such as animals.
35. Personal property does not include living things such as animals.
36. A copyright is tangible property.
37. An automobile is intangible property.
38. A copyright is intangible property.
MULTIPLE CHOICE
1. Which of the following is not considered real property?
A. Buildings
105
F. Hinkel
103
,Chapter 1 Introduction to the Law of Real Property
TRUE/FALSE
1. The law of real property in general is governed by the law of the state in which the owner of
the real property resides.
2. The law of real property in general is governed by the law of the state where the real property
is located.
3. An owner of real property usually owns all of the minerals beneath the surface of the land.
4. An owner of real property generally does not own the airspace above the surface of the land.
5. A fixture is classified as personal property.
6. A fixture is classified as real property.
7. Occupancy of land by someone without the permission of the owner is a trespass.
8. Since the law does not favor the free right to transfer ownership, the law will approve almost
any restraint on an owner’s right to transfer ownership of property.
9. An estate for years is the highest and best kind of estate in real property an owner can own.
10. A fee simple absolute estate has a potential infinite duration and unrestricted inheritability.
11. A fee simple on condition subsequent estate automatically expires on the happening or
nonhappening of the event stated in the deed of conveyance or the will creating the estate.
12. A life estate must always be for the life of the owner.
13. A life estate may be for life of a person other than the owner.
14. If the owner of a life estate commits waste, the life estate will terminate, even though the owner
is alive.
15. A life estate owner must share the income generated from the life estate with the owner of the
remainder interest.
16. Life estates are transferable during the lifetime of the owner.
17. Life estates are not transferable during the lifetime of the owner.
18. An estate limited in its duration to a fixed period of time is known as a life estate.
19. At common law, an estate at will could be automatically terminated.
104
, 20. A promise to make a gift is generally not revocable.
21. A promise to make a gift is generally revocable.
22. An estate at will is real property that passes by last will and testament.
23. An heir must always be a relative of the decedent.
24. Inheritance is the transfer of ownership of real property when a person dies with a will.
25. Inheritance is the passage of ownership of real property from a person who dies without a will.
26. The doctrine of riparian rights states that the right to use water is given to the landowner who
uses the water first.
27. Appropriation is the doctrine which states that the right to use water is given to the landowner
who uses the water first.
28. Appropriation is the doctrine which states that all landowners must share equally in the use of
water for domestic purposes.
29. Riparian rights is the doctrine which states that all owners of lands must share equally in the
use of water for domestic purposes.
30. Trade fixtures are fixtures that can easily be traded for another type of property.
31. Trade fixtures are items, such as shelving or counters, installed by a tenant on property to assist
the tenant in the conduct of its business.
32. “Color of title” is evidenced by a written instrument such as a deed, court decree, or judgment.
33. A person cannot obtain adverse possession against property that benefits the public.
34. Personal property may include living things such as animals.
35. Personal property does not include living things such as animals.
36. A copyright is tangible property.
37. An automobile is intangible property.
38. A copyright is intangible property.
MULTIPLE CHOICE
1. Which of the following is not considered real property?
A. Buildings
105
