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Exam 26: Real Property and Land Use Control

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Question 41

True/False

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As long as zoning ordinances are rationally related to the health, safety, or welfare of the community, a municipal government has broad discretion to carry out zoning as it sees fit.

A) True
B) False

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Question 42

Multiple Choice

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Mike owns a beach house in North Carolina in fee simple. This ownership interest is

A) potentially infinite in duration.
B) limited to the period of Mike's life.
C) limited to the period of the lives of Mike and his immediate heir.
D) subject to the withdrawal or recall of the previous owner.

E) A) and B)
F) None of the above

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Question 43

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The purpose of zoning is to prevent development altogether and to limit the government's ability to adapt to changing circumstances.

A private restriction on the use of real property does not "run with the land" unless it is in writing and subsequent owners have reason to know of it.

An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.

To obtain the title to land without delivery of a deed, one person must possess the property of another

The covenant of quiet enjoyment guarantees that a buyer of real property will not disturb the land or any of its neighbors.

On a transfer of real property, the new owner should promptly record the deed because recording

Gaye owns the surface rights for High Desert Ranch, which includes a house, a bunkhouse, and two barns. Industrial Mining Inc. owns the subsurface rights. When the company drills for and extracts the oil beneath the ranch, the surface subsides and the structures collapse. Most likely responsible for the damage is

Society's interest in ensuring that real property remains in the stream of commerce is one of the reasons for the doctrine of adverse possession.

In a sale of real estate, if the seller does not have disclose a known, hidden defect that materially affects the value of the property and that the buyer could not reasonably be expected to discover, the buyer

With a tenancy at will, either party can terminate the tenancy without notice.