1. The Environmental Protection Agency (EPA) becomes aware that a party is dumping hazardous wastes on your property. The EPA most likely cannot:

Group of answer choices

Order the polluter to stop dumping

Order the polluter to clean up the damaged land

Order the polluter to insure that the dumped material causes no more harm

Order the polluter to pay monetary damages to the landowner

None of the above

2. An owner of land in fee simple has their land damaged by a salt water spill. Which of the following is true if the landowner wants a monetary recovery:

An agency must find the spill was negligently caused

An agency must find the spill violated agency rules and regulations

A demand must be made for compensation before a lawsuit is filed

The landowner has the burden of proving liability

None of the above

3. What type of damage is usually compensated for by the cost of cleanup?

Group of answer choices

Permanent damage

Temporary damage

Punitive damage

Nuisance damage

None of the above

4. What type of damage is usually compensated by the decline in market value (value before less the value after the damage)?

Group of answer choices

Permanent damage

Temporary damage

Punitive damage

Nuisance damage

None of the above

5. When does the statute of limitations begin to run?

Group of answer choices

Date of the damage

Date the landowner becomes aware of the damage

The first day of the succeeding month after the damage

On the first day of the calendar quarter

None of the above

6. When a rule or regulation establishes a standard of care for a party we call that action:

Group of answer choices

A nuisance claim

A negligence claim

A negligence per se claim

A trespass claim

A claim in strict liability

7. A business is licensed to sell liquor and operates in accordance with that license. Which if the following is true?

Group of answer choices

A legal business can never be a nuisance

A legal business can be a nuisance but only if they violate the license

A legal business cannot be held liable for negligence

A legal business cannot be held liability for trespass

A legal business can constitute a nuisance

8.When a landowner hires an expert to take samples on his property:

Group of answer choices

The data must be shared with third parties

The data must be shared with regulators

The data might be kept confidential using attorney client privilege arguments

The experts opinion after sampling must be shared with regulators

None of the above

9.A license to golf 18 holes:

Group of answer choices

Needs to be in writing

Is an interest in real property

Can be orally created

Must be recorded to put third parties on notice

None of the above

10. An easement with no express time limitation:

Group of answer choices

Lasts for one year

Lasts for the life of the grantor

Lasts forever

Lasts until the land is sold

None of the above

11. An easement by express grant is a:

Group of answer choices

Possessory interest in land

A non-possessory interest in land

Considered personal property

Not required to be in writing

None of the above

12. A landowner goes to court in an attempt to recover damages to his land caused by a third party. What is the standard of proof required for the landowner to prevail?

Group of answer choices

Normal standard of care

Beyond a reasonable doubt

By a preponderance of the evidence

By the ordinary and reasonable use doctrine

None of the above

13. An easement by prescription:

Group of answer choices

Must be in writing

Requires permission to obtain

Requires use for a statutory period adverse to the owner

Requires municipal approval

None of the above

14. A profit to harvest timber on real property:

Group of answer choices

Can be granted orally

Only lasts for one year

Needs to be in writing with material terms

Can be established by statute

None of the above

15. A discounted cash flow model:

Group of answer choices

Will estimate the fair market value of a property

Can be used to establish damages

Can be used to establish the value of a business

Can be used to establish the value of an oil well

All of the above

16. A party is claiming a smokestack emitting chemicals and particulate matter is a public nuisance. Which of the following is true?

Group of answer choices

The party can obtain monetary damages from the court for individual harm

The party might obtain a court order to abate the nuisance

The party can obtain monetary damages from the applicable regulatory agency

The party can force the applicable agency to conduct an investigation

17. If you sign a lease for an apartment, and it is not specifically addressed in your lease, can you escape liability under the least terms by transferring possession to a third party?

Group of answer choices

Yes, if you transfer all rights to the new tenant/assignee

No, if you only transfer part of the rights to the new tenant/assignee

It will depend on the city ordinance

Yes, if you transfer part of the rights under the lease to the new tenant/assignee

None of the above

18. When taking physical samples on the property to prove liability generally:

Group of answer choices

A landowner can take samples and testify

An agency will take samples for the landowner and share the information

An expert is needed to take the samples, to evaluate, and to draw conclusions

A court will order samples to determine liability

None of the above

19. A party buys the surface in fee simple absolute. Which of the following is generally true?

Group of answer choices

They own the surface water but not the groundwater

They do not own the surface water or groundwater

They own the groundwater but not the surface water

They own both the groundwater and surface water

None of the above

20. When a landowner files suit for negligence generally:

Group of answer choices

It will be a question of law for the judge

It will be a question of fact for the jury

It will be a question of law and fact for the judge

It will be a question of law for the jury

None of the above

21. A party drills, and owns, a fresh water well in Texas. Which is true if the well is not in a groundwater district where the output is limited?

Group of answer choices

The owner can only produce at one-half the maximum, open flow rate

The owner can produce as much as they want, even if the neighbor's well goes dry

The owner can only produce so much water as is possible before neighboring water wells are impacted

The Texas Railroad Commission regulates water well production, which is subject to proration orders

None of the above

22. A party owns the water rights under a given tract of land in Texas. Which of the following is true?

Group of answer choices

They can only lease the water rights to a third party for a limited amount of time

They can sell their water rights to a third party

They can sell their water rights to a third party for a period not to exceed 99 years

They can sell their water rights to a third party for their lifetime

None of the above

23. A party knows that real estate that they are interested in buying used to have several oil wells located on the surface. Which of the following is true?

Group of answer choices

Before purchasing the property the Texas Railroad Commission must approve

Before purchasing the property the operator of the oil well must approve

Before purchasing the property the EPA must approve

The property might have a number of 'latent environmental defects' that need to be investigated

None of the above

24. A party leases your land and in the lease agrees to re-seed the front yard at the end of the lease. They do not reseed. Which of the following is most likely true?

Group of answer choices

You can file suit under a negligence theory

You can file suit under a nuisance theory

You can file suit under a strict liability theory

You can file suit under a contract theory

None of the above

25. A party accidentally skids off the road and onto your property. Can you recover using a trespass theory?

Group of answer choices

Yes, you have an intrusion onto the land

No, it was not an intentional invasion

Yes, negligence always creates a trespass cause of action

No, substantial damages were not incurred

None of the above

26. You own the surface rights in fee simple absolute. With regard to water rights which of the following is true?

Group of answer choices

You can only convey rights to the surface water

You cannot convey water rights separate from the surface in Texas

You can convey groundwater rights separate from the surface in Texas

You can only convey oil and gas separate from the surface in Texas

None of the above

27. You own a farm. Assume corn prices increase but the cost of farming does not. What would you expect the discounted cash flow model to indicate with regard to the farm value?

Group of answer choices

It is impossible to tell from the facts

Most likely the discounted cash flow model would indicate an increase in value

Most likely the discounted cash flow model would indicate a decrease in value

The valuation change will depend primarily on the discount rate

None of the above

28. In Texas the theory of strict liability to collect for damages to real property:

Group of answer choices

Is commonly used by a landowner

Is usually associated with negligence claims

Is not commonly used in most actions for property damage

Is used mainly for chemical spill recoveries

None of the above

29. You live in Oklahoma but own property in Dallas. A dispute arises when you attempt to sell the Dallas property. What law applies?

Group of answer choices

Texas law

Oklahoma law

Federal law

Common law

None of the above

30. You apply to get a mortgage in Texas. The real property is owned by both you and your spouse and you use the property as your principle residence. Which of the following is true?

Group of answer choices

Only the husband needs to sign the document

Only the wife needs to sign the document

Both husband and wife need to sign the document

You can grant a mortgage orally

None of the above