Explain how rights differ from power or force, and from permission


SKU: Textsept Category:

Which of these liens has the highest priority?


1i. Explain how rights differ from power or force, and from permission.


1ii. Which of the following is not a form of property right?





e.Mineral rights.


2i. A developer of a subdivision wants to preserve the open space and natural habitat that runs along the back portion of a series of large lots in the proposed subdivision. He is debating whether to use restrictive covenants to accomplish this or to create a habitat easement on the same space. What are the pros and cons of each choice?


2ii. Which of these easements is most likely to be an easement in gross?

a.Common wall easement.

b.Driveway easement.

c.Drainage easement.

d.Power line easement.

e.Sunlight easement.


3i. Why are restrictive covenants a good idea for a subdivision? Can they have any detrimental effects on the subdivision or its residents? For example, are there any listed in the chapter that might have questionable effects on the value of a residence?


3ii. Rules used by courts to determine whether something is a fixture include all except:

a.Intention of the parties.

b.Manner of attachment.

c.Law of capture.

d.Character of the article and manner of adaptation.

e.Relation of the parties.


4i. The traditional common law concept of the landlord-tenant relationship was that the landlord’s obligation was simply to stay off the property and the tenant’s obligation was to pay the rent. Explain why this is an obsolete arrangement for apartment residents in an urban society.


4ii. Which of these is a titled estate?

a.Fee simple absolute.

b.Fee simple conditional.

c.Conventional life estate.

d.Legal life estate.

e.All of these.


5i. A friend has an elderly mother who lives in a house adjacent to her church. The church is growing, and would welcome the opportunity to obtain her house for its use. She would like to support the needs of her church, but she doesn’t want to move and feels strongly about owning her own home. On the other hand, your friend knows that she will not be able to remain in the house many more years, and will be faced with moving and selling within a few years. What options can you suggest as possible plans to explore?


5ii.Which of these forms of co-ownership could best be described as “”normal ownership,”” except that multiple owners share identically in one bundle of rights?

a.Tenancy in common.

b.Joint tenancy.

c.Tenancy by the entirety.


e.Estate in severalty.”


6i.A friend has owned and operated a small recreational vehicle camp on a lake in Daytona Beach, Florida. It is close to the ocean and close to the Daytona Speedway, home of the Daytona 500 and a host of other prominent races. The occupants are very loyal, making reservations far in advance, and returning year after year. She is asking your thoughts on whether to continue the camp as a short-term rental operation, to convert it and sell the parking spaces as condominium parking spaces, or to convert to condominium timeshare lots. What thoughts would you offer?


6ii.Which of these marriage-related forms of co-ownership gives each spouse a one-half interest in any property that is “fruits of the marriage”?



c.Community property.

d.Elective share.

e.Tenancy by the entirety.


7i. In the United States the bundle of rights called real property seems to have gotten smaller in recent decades. Explain what has caused this. Why is it good? Why is it bad?


7ii. Which of these liens has the highest priority?

a.First mortgage lien.

b.Mechanics’ lien.

c.Property tax lien.

d.Second mortgage lien.

e.Unable to say because it depends strictly on which was created first.


8.Restrictive covenants for a subdivision usually can be enforced by:

a.Subdivision residents.

b.Lenders with mortgage loans in the subdivision.

c.Local government.

d.a and b, but not c.

e.All three: a, b, and c.


9.Timeshare programs can involve which of the following claims or interests?

a.Fee simple ownership.

b.Leasehold interest.



e.All of these are possible.


10.Every condominium buyer needs to know the details of which document(s):

a.Condominium declaration.


c.Proprietary lease.

d.a and b, but not c.
e.All three: a, b, and c.

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