REAL ESTATE LAW COMPLETE EXAM PAPER
WITH SOLVED QUESTIONS AND ONE
HUNDRED PERCENT CORRECT VERIFIED
ANSWERS
• What is real property, and how does it differ from personal property?
Answer: Real property relates to land and those things that are more or
less permanently attached to the land, such as homes, office buildings,
and trees. Personal property refers to all other things, such as
automobiles, furniture, stocks, and bonds.
• What is the difference between riparian rights and appropriation?
Answer: The right to the beneficial use of water is governed by one of
two areas of water law known as riparian rights and appropriation.
Riparian rights provide that all owners of riparian lands must share
equally in the use of the water for domestic purposes. Appropriation
provides that the right to use water is given to the landowner who uses
the water first.
• What test does the court use to determine if an item is a fixture?
Answer: A court will look at three things: (a) the manner in which the
item is attached to the real property—the more permanent the
attachment, the more likely a court will find the item is a fixture; (b) the
character of the item and its adaptation to real property—if it is clear that
the item has been specifically constructed or fitted with a view to its
location and use in a particular building, then the item is more likely to
be a fixture; and (c) the intention of the parties—if it is clear from the
circumstances surrounding the attachment of the item to the building
, that the parties intended for it to be a fixture and part of real property,
then the item is likely to be a fixture.
• .What are the chief legal rights accorded to an owner of real property?
Answer: (a) possession of the property, (b) use of the property, (c)
power of disposition
• How does a fee simple determinable differ from a fee simple on
condition subsequent? Answer: A fee simple determinable is an
ownership in real property limited to expire automatically on the
happening or nonhappening of an event stated in the deed or the will
creating the estate. The termination is automatic. Fee simple on
condition is ownership that is also subject to an express condition, the
breach of which shall subject the ownership to termination. The
termination is not automatic, but it does require the new owner to
exercise the power of termination.
• What is the concept of waste, and how is it applicable to a life estate?
Answer: Waste is the failure to exercise ordinary care and prudence for
the preservation or protection of a property, which results in permanent
injury to the value of the property. The importance of waste in a life
estate is that if the life estate owner commits waste, the life estate will
terminate, even though the person who is the measuring life is still alive.
• Name the various ways a person can become an owner of real property.
Answer: (a) inheritance, (b) devise, (c) gift, (d) contract and sale, (e)
adverse possession
WITH SOLVED QUESTIONS AND ONE
HUNDRED PERCENT CORRECT VERIFIED
ANSWERS
• What is real property, and how does it differ from personal property?
Answer: Real property relates to land and those things that are more or
less permanently attached to the land, such as homes, office buildings,
and trees. Personal property refers to all other things, such as
automobiles, furniture, stocks, and bonds.
• What is the difference between riparian rights and appropriation?
Answer: The right to the beneficial use of water is governed by one of
two areas of water law known as riparian rights and appropriation.
Riparian rights provide that all owners of riparian lands must share
equally in the use of the water for domestic purposes. Appropriation
provides that the right to use water is given to the landowner who uses
the water first.
• What test does the court use to determine if an item is a fixture?
Answer: A court will look at three things: (a) the manner in which the
item is attached to the real property—the more permanent the
attachment, the more likely a court will find the item is a fixture; (b) the
character of the item and its adaptation to real property—if it is clear that
the item has been specifically constructed or fitted with a view to its
location and use in a particular building, then the item is more likely to
be a fixture; and (c) the intention of the parties—if it is clear from the
circumstances surrounding the attachment of the item to the building
, that the parties intended for it to be a fixture and part of real property,
then the item is likely to be a fixture.
• .What are the chief legal rights accorded to an owner of real property?
Answer: (a) possession of the property, (b) use of the property, (c)
power of disposition
• How does a fee simple determinable differ from a fee simple on
condition subsequent? Answer: A fee simple determinable is an
ownership in real property limited to expire automatically on the
happening or nonhappening of an event stated in the deed or the will
creating the estate. The termination is automatic. Fee simple on
condition is ownership that is also subject to an express condition, the
breach of which shall subject the ownership to termination. The
termination is not automatic, but it does require the new owner to
exercise the power of termination.
• What is the concept of waste, and how is it applicable to a life estate?
Answer: Waste is the failure to exercise ordinary care and prudence for
the preservation or protection of a property, which results in permanent
injury to the value of the property. The importance of waste in a life
estate is that if the life estate owner commits waste, the life estate will
terminate, even though the person who is the measuring life is still alive.
• Name the various ways a person can become an owner of real property.
Answer: (a) inheritance, (b) devise, (c) gift, (d) contract and sale, (e)
adverse possession
