CLA/CP Exam Real Property Rights 2

Question 1

Which doctrine holds that a landowner owns everything from the center of the earth to the top of the sky above their property?

Accepted Answer

Cuius est solum doctrine

Answer

The cuius est solum doctrine (cuius est solum, eius est usque ad coelum et ad inferos) traditionally grants ownership from earth's center to the sky, though air rights are now limited by aviation law.

Question 2

A tenant in common who has paid more than their share of property expenses may seek reimbursement from co-tenants through which legal action?

Accepted Answer

Contribution

Answer

An action for contribution allows a co-tenant who has paid more than their proportionate share of necessary expenses to seek reimbursement from the other co-tenants.

Question 3

What type of easement is created when an owner of a larger parcel sells a portion and the only access to the public road is across the retained land?

Accepted Answer

Easement by necessity

Answer

An easement by necessity arises by operation of law when a parcel is landlocked and access across the grantor's retained land is strictly necessary.

Question 4

Under the Rule Against Perpetuities, a future interest is void if it may not vest within:

Accepted Answer

A life in being plus 21 years

Answer

The common law Rule Against Perpetuities voids any future interest that might not vest within a life in being at the time of creation plus 21 years.

Question 5

Which type of deed provides the grantee with the greatest protection because the grantor warrants title against all claims, even those arising before the grantor's ownership?

Accepted Answer

General warranty deed

Answer

A general warranty deed contains covenants warranting title against all defects and claims, including those arising before the grantor took title.

CLA/CP Exam Practice Test

CLA/CP Exam Practice Test

CLA/CP Exam Real Property Rights 2