SAEE Property Rights and Legal Concepts 2

Question 1

Eminent domain is the government's power to:

Accepted Answer

Take private property for public use with just compensation

Answer

Eminent domain allows the government to take private property for public use, but the Fifth Amendment requires just compensation be paid.

Question 2

A deed restriction that limits how land may be used is called a:

Accepted Answer

Restrictive covenant

Answer

Restrictive covenants are private limitations recorded in deeds or plats that restrict land use, often running with the land.

Question 3

What distinguishes real property from personal property?

Accepted Answer

Real property is permanently attached to land; personal property is movable

Answer

Real property consists of land and permanently affixed improvements, while personal property (personalty) is movable and not attached to land.

Question 4

An encroachment occurs when:

Accepted Answer

A structure or improvement extends beyond a property's legal boundary

Answer

An encroachment is an unauthorized physical intrusion of a structure or improvement onto an adjacent owner's land.

Question 5

Which legal concept requires courts to honor a property owner's intent when interpreting deed language?

Accepted Answer

Doctrine of constructive notice

Answer

Constructive notice holds that recorded documents provide legal notice to all parties, and courts interpret recorded deed language to reflect the grantor's intent.

SAEE Test Practice Test

SAEE Test Practice Test

SAEE Property Rights and Legal Concepts 2