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NCEES PS Exam Questions with Detailed Verified
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The general presumption is that the rights you acquire in an estate
extend from the center of the earth to the heavens above. However,
the owner may hold that entire bundle or not. One can only convey
the quantity and quality of interest they have.
Ans: Bundle of Rights
Real property
Ans: Real property is fixed and immovable
Personal Property
Ans: Personal property is consumable
Fee Simple Absolute
Ans: an estate in land that provides the owner with a complete set of legal
rights, limited only by the powers of government
Fee
Ans: an estate that can inherited or divested by will or other document
Simple
Ans: not fee tail (a fee tail estate must be inherited by a specific person)
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,Absolute
Ans: no limitations on time, estate can continue forever
Defeasible fee simple estate
Ans: a future event must be met for the estate to continue. There are
conditions on the estate
Life Estates
Ans: Ownership, possession and control for someone's lifetime
Estate per Autrie Vie
Ans: Measured life is other than that of the holder:
"to Jones for the life of Brown and then to Smith in fee simple"
Easements
Ans: an interest that one may have in the lands of another
Affirmative Easements
Ans: Allows the dominant estate (the one the easement benefits) to do some
physical act over the servient estate (where the easement is located).
Negative Easements
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, Ans: the dominant estate can prevent the servient estate from doing
something e.g. scenic views
Appurtenant Easements
Ans: "run with the land" and are not terminated by the sale of either the
servient or dominant tenement
Easements in Gross
Ans: attaches to a person
Easements by estoppel
Ans: If a person's actions led someone to believe they had an easement
they would be estopped from denting the use
Similar to adverse possession. The use is
1. Adverse use without permission
2. Open and notorious
3. Continuous
4. For a specific purpose
5. Lasts for the statutory period
Ans: Prescriptive Easements
Covenant
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