PROPERTY LAW FIXTURES AND
CHATTEL CHAPTER 11 EXAM
QUESTIONS WITH COMPLETE
SOLUTIONS
minerals and natural gas - Answer-the state on all minerals and other natural
resources beneath the soil those do not belong to the land owner but to the Crown or
the state. however government may grant person's right of extraction of such natural
resources and is obligated to compensate the land owner as prescribed by the
Constitution the landowner is sometimes relocated.
types of land holding or land ownership - Answer-1) Fee simple
2) Fee tail
3) Life estate
4) Lease hold
Fee simple or Freehold - Answer-this is the closest one will get to owning land
remember that land is owned by the state. However the owner has the latitude to
dispose of his interest by the sale or otherwise conferring his successor similar rights
as those previously held by him subject to encumbrances which run with the land
such as easements and restrictive covenants.
The Fee tail - Answer-a concept that only of historical interest and value in our
jurisdiction the fee tail was a firm of freehold transferable for the lifetime of the
grantees heir.
life estate - Answer-life estate is conferred on a life tenant or a tenant for life. It is an
interest that is granted for the duration of the life of the life tenant. It is generally used
by a spouse husband or wife who has children or grandchildren that they want to
benefit from the property in land.
leasehold - Answer-a Lease hold is held at the pleasure of the fee simple owner or
another leaseholder. Where a leaseholder grants a Lease this is known as a sub
lease. parties to the lease are called respectively lessor( owner or someone with a
long lease and the lesse the (tenant) the lesse is entitled to certain rights these
include the right to have the property properly maintained and the right to quiet
enjoyment.
Waste - Answer-the doctrine of waste is applicable to
a) tenant for life
b) A leaseholder
waste house to do with the upkeep or lack thereof of the property by the tenant for
life or lesse the extent to which the property has been altered. the property maybe
, altered and the value is reduced or increased as a result of waste. there are four
types of waste namely,
1) permisive
2) Ameliorating
3( Voluntary
4)Equitable
Permissive Waste - Answer-this is the celia on the pot of the tenant to maintain the
Quality of the estate whether physically or financially. it is causing the property to fall
into disrepair, for example by the life tenant failing to maintain the ordinary repairs on
the property search as fixing leaks minor repairs and fencing excetera.
Ameliorating waste - Answer-Ameliorative waste is a improvement on the part of the
tenant to maintain the Quality of the Estate the changes the character generally
increases the land value. An injuntuction will rarely be granted in these instances.
However the tenant for life or lesse may find they have pay monetary compensation
to the landlord for having changed the character of the property
voluntary waste - Answer-this is any structural change made to the estate that
intentionally or negligently causes harm to the estate or depletes it's resources
unless it's delpetion is due to a continuation of a pre-existing use. In this instance the
life tenant alters the land to it's detriment.
equitable waste - Answer-this refers to acts of unjustifiable destruction set a as
cutting of trees intended to prevent slippage of the land pulling down of a house in
anger removing zinc from the roof rendering the property uninhabitable there are a
number of possible remedies that may be rewarded by the court.
Remedies available for Waste - Answer-1) the court May award sufficient money
damages to compensate the injured party for the loss resulting from waste.
2) the courts may directly require the party responsible for the waste to restore the
property to it's original condition.
3) the courts may accelerate the passage of the title in Land divesting tenant or life
estate holder and vesting it in the landlord or remainder man.
Land(real property) - Answer-is referred to as real property. ownership of real
Property give the right against the world, that is a right in Rem
Right in Rem - Answer-alright in Rem suggest that the owner has a right to take
action against anyone who violates his interest for example by trespassing on the
land. real property is different from personal property which refers to things such as
machine trailers and "choses in action". such as stocks and copy rights.
Corporeal property - Answer-Corporeal property include stove, truck, land and it's
attachment a physical objects which can be seen and touched.
CHATTEL CHAPTER 11 EXAM
QUESTIONS WITH COMPLETE
SOLUTIONS
minerals and natural gas - Answer-the state on all minerals and other natural
resources beneath the soil those do not belong to the land owner but to the Crown or
the state. however government may grant person's right of extraction of such natural
resources and is obligated to compensate the land owner as prescribed by the
Constitution the landowner is sometimes relocated.
types of land holding or land ownership - Answer-1) Fee simple
2) Fee tail
3) Life estate
4) Lease hold
Fee simple or Freehold - Answer-this is the closest one will get to owning land
remember that land is owned by the state. However the owner has the latitude to
dispose of his interest by the sale or otherwise conferring his successor similar rights
as those previously held by him subject to encumbrances which run with the land
such as easements and restrictive covenants.
The Fee tail - Answer-a concept that only of historical interest and value in our
jurisdiction the fee tail was a firm of freehold transferable for the lifetime of the
grantees heir.
life estate - Answer-life estate is conferred on a life tenant or a tenant for life. It is an
interest that is granted for the duration of the life of the life tenant. It is generally used
by a spouse husband or wife who has children or grandchildren that they want to
benefit from the property in land.
leasehold - Answer-a Lease hold is held at the pleasure of the fee simple owner or
another leaseholder. Where a leaseholder grants a Lease this is known as a sub
lease. parties to the lease are called respectively lessor( owner or someone with a
long lease and the lesse the (tenant) the lesse is entitled to certain rights these
include the right to have the property properly maintained and the right to quiet
enjoyment.
Waste - Answer-the doctrine of waste is applicable to
a) tenant for life
b) A leaseholder
waste house to do with the upkeep or lack thereof of the property by the tenant for
life or lesse the extent to which the property has been altered. the property maybe
, altered and the value is reduced or increased as a result of waste. there are four
types of waste namely,
1) permisive
2) Ameliorating
3( Voluntary
4)Equitable
Permissive Waste - Answer-this is the celia on the pot of the tenant to maintain the
Quality of the estate whether physically or financially. it is causing the property to fall
into disrepair, for example by the life tenant failing to maintain the ordinary repairs on
the property search as fixing leaks minor repairs and fencing excetera.
Ameliorating waste - Answer-Ameliorative waste is a improvement on the part of the
tenant to maintain the Quality of the Estate the changes the character generally
increases the land value. An injuntuction will rarely be granted in these instances.
However the tenant for life or lesse may find they have pay monetary compensation
to the landlord for having changed the character of the property
voluntary waste - Answer-this is any structural change made to the estate that
intentionally or negligently causes harm to the estate or depletes it's resources
unless it's delpetion is due to a continuation of a pre-existing use. In this instance the
life tenant alters the land to it's detriment.
equitable waste - Answer-this refers to acts of unjustifiable destruction set a as
cutting of trees intended to prevent slippage of the land pulling down of a house in
anger removing zinc from the roof rendering the property uninhabitable there are a
number of possible remedies that may be rewarded by the court.
Remedies available for Waste - Answer-1) the court May award sufficient money
damages to compensate the injured party for the loss resulting from waste.
2) the courts may directly require the party responsible for the waste to restore the
property to it's original condition.
3) the courts may accelerate the passage of the title in Land divesting tenant or life
estate holder and vesting it in the landlord or remainder man.
Land(real property) - Answer-is referred to as real property. ownership of real
Property give the right against the world, that is a right in Rem
Right in Rem - Answer-alright in Rem suggest that the owner has a right to take
action against anyone who violates his interest for example by trespassing on the
land. real property is different from personal property which refers to things such as
machine trailers and "choses in action". such as stocks and copy rights.
Corporeal property - Answer-Corporeal property include stove, truck, land and it's
attachment a physical objects which can be seen and touched.
