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Many states determine the order of water rights according to which users of the water hold a recorded beneficial use permit. This allocation of water rights is determined by:A) accretion.B) riparian theory.C) littoral theory.D) the doctrine of prior appropriation.
The right to control one's property includes all of the following EXCEPT:A) the right to invite people on the property for a political fund-raiser.B) the right to exclude the utilities meter reader.C) the right to erect "no trespassing" signs.D) the right to enjoy pride of ownership.
Which of the following types of ownership CANNOT be created by operation of law, but must be created by the parties' expressed intent?A) community propertyB) tenancy in commonC) condominium ownershipD) tenancy by the entireties
The correct answer is "D - tenancy by the entireties " Tenancy by the entireties is a form of ownership that husbands and wives can choose or create by deciding to do so and declaring it as such in contracts and deeds. Tenancy in common is put in motion by state law. Community Property is a law of ownership that exists in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and some other states. Tenancy by the Entireties is an estate that is recognized in some states between husband and wife, who have equal right of possession and enjoyment during their joint lives and with the right of survivorship--that is when one dies, the property goes to the surviving tenant. (In many states, if couples do not specify "Joint Tenancy," this form of ownership will be automatically assumed.) Tenancy in Common is a type of joint ownership by parties NOT married, that allows a person to sell his share or leave it in a will without the consent of the other owners. If a person dies without a will, his share goes to his heirs, not to the other owners.
Which of the following is/are considered to be personal property?A) wood-burning fireplaceB) furnaceC) bathtubsD) patio furniture
The word "improvement" would refer to all of the following EXCEPT:A) streets.B) a sanitary sewer system.C) trade fixtures.D) the foundation.
The correct answer is "C - trade fixtures. " The term "trade fixture" refers to an item installed by a tenant in a rented commercial property that he or she removes at the end of the occupancy. More on this topic follows.
All of the following are physical characteristics of land EXCEPT:A) indestructibility.B) uniqueness.C) immobility.D) scarcity.
Certain items on the premises that are installed by the tenant and are related to the tenant's business are called:A) fixtures.B) emblements.C) trade fixtures.D) easements.
The correct answer is "C - trade fixtures. " The term is usually applied to a commercial tenant and refers to items installed in connection with his or her business, such as stoves and refrigerators in a restaurant or display cases in a retail shop.
Personal property includes all of the following EXCEPT:A) chattels.B) fructus industriales.C) emblements.D) fixtures.
The correct answer is "D - fixtures. " "Chattel" is a legal term that means personal property. Emblements and fructus industriales refer to profit from crops that are grown as a result of a person's labor, such as corn, as opposed to those that occur naturally, such as grass or minerals. By the custom of English common law, they are considered personal property. By contrast, a fixture is considered attached to a property and thus part of the structure.
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