Question 1

In which of the following cases does an easement by prescription arise?

Accepted Answer

A)  The state acquires a person's property through condemnation. 
B)  A power company enters into a written agreement to lay cables under one's front yard. 
C)  A neighborhood family openly uses another's back yard as a short cut to the beach every day for 25 years. 
D)  A person leases out his garage for the purpose of storing furniture. 
A)  The state acquires a person's property through condemnation. 
B)  A power company enters into a written agreement to lay cables under one's front yard. 
C)  A neighborhood family openly uses another's back yard as a short cut to the beach every day for 25 years. 
D)  A person leases out his garage for the purpose of storing furniture. C

Question 2

Restrictive covenants may be placed in CC&Rs and enforced by a homeowners' association.

Accepted Answer

A) True 
 B)False  True

Question 3

interest provides the right to own and possess land against all others, without any conditions.

Accepted Answer

A)  Fee simple absolute 
B)  Conditional estate 
C)  Life estate 
D)  Easement 
A)  Fee simple absolute 
B)  Conditional estate 
C)  Life estate 
D)  Easement A

Question 4

Discuss whether ownership of land includes the air, water and mineral rights associated with the land.

Accepted Answer

Any concept of land obviously includes t

Question 5

A(n) is a contract that transfers possessory interest in a property from the owner to the tenant.

Accepted Answer

A)  lease 
B)  license 
C)  accession 
D)  fee tail 
A)  lease 
B)  license 
C)  accession 
D)  fee tail

Question 6

An easement by prescription arises when .

Accepted Answer

A)  one openly uses a portion of another's property for a statutory period of time 
B)  a piece of property is divided and, as a result, one portion is landlocked 
C)  the landowner expressly agrees to allow the holder of the easement to use the land in question 
D)  the landowner transfers possessory interest for an agreed-upon period 
A)  one openly uses a portion of another's property for a statutory period of time 
B)  a piece of property is divided and, as a result, one portion is landlocked 
C)  the landowner expressly agrees to allow the holder of the easement to use the land in question 
D)  the landowner transfers possessory interest for an agreed-upon period

Question 7

Which of the following statements is true about fixtures?

Accepted Answer

A)  Freestanding appliances are considered to be fixtures. 
B)  An item that is not permanently affixed to the land cannot be considered as a fixture. 
C)  If a tenant attaches an item permanently to the realty, it is no longer the personal property of the tenant. 
D)  When a trade fixture is attached to the realty, it is no longer the personal property of the business tenant. 
A)  Freestanding appliances are considered to be fixtures. 
B)  An item that is not permanently affixed to the land cannot be considered as a fixture. 
C)  If a tenant attaches an item permanently to the realty, it is no longer the personal property of the tenant. 
D)  When a trade fixture is attached to the realty, it is no longer the personal property of the business tenant.

Question 8

Which of the following estates is the most complete estate?

Accepted Answer

A)  easement 
B)  life estate 
C)  fee simple absolute 
D)  leasehold estate 
A)  easement 
B)  life estate 
C)  fee simple absolute 
D)  leasehold estate

Question 9

Which of the following is a fixture?

Accepted Answer

A)  a portable television set left behind by the tenant 
B)  a built-in microwave oven installed by the tenant 
C)  clothing left behind by the tenant 
D)  the back yard of a residence that is a part of the original structure 
A)  a portable television set left behind by the tenant 
B)  a built-in microwave oven installed by the tenant 
C)  clothing left behind by the tenant 
D)  the back yard of a residence that is a part of the original structure

Question 10

In a leasehold estate, a tenant may move out of the property and sublease it to another party unless prohibited by the lease.

Accepted Answer

A) True 
 B)False

Question 11

Alex leases property from Sandra for business. Alex opens a hardware repair shop in this property. He affixes welding equipment to the property. After a period of time, Alex decides to move his business to a different location. Which of the following statements is true of this scenario?

Accepted Answer

A)  Alex may not move the welding equipment, as it is now Sandra's property. 
B)  Alex may move the welding equipment only if a written agreement states that the parties will treat the welding equipment as his personal property. 
C)  Alex may not move the welding equipment, as it is essential to the functioning of the structure. 
D)  Alex may move the welding equipment, as the welding equipment is a trade fixture. 
A)  Alex may not move the welding equipment, as it is now Sandra's property. 
B)  Alex may move the welding equipment only if a written agreement states that the parties will treat the welding equipment as his personal property. 
C)  Alex may not move the welding equipment, as it is essential to the functioning of the structure. 
D)  Alex may move the welding equipment, as the welding equipment is a trade fixture.

Question 12

Some state laws require that the finder of mislaid property must place an ad in a newspaper.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following statements is true of tenancy by the entirety?

Accepted Answer

A)  Upon the death of an owner, his or her property interest is divided among the other owners. 
B)  Upon divorce, tenancy by the entirety automatically becomes tenancy in common. 
C)  Owners may sell their interest in the property without the consent of the other owners. 
D)  Creditors of only one owner may attach the property. 
A)  Upon the death of an owner, his or her property interest is divided among the other owners. 
B)  Upon divorce, tenancy by the entirety automatically becomes tenancy in common. 
C)  Owners may sell their interest in the property without the consent of the other owners. 
D)  Creditors of only one owner may attach the property.

Question 14

Matthew owns a ranch. He has the right to own and possess that land until his death. When he dies, the ranch will pass to his heirs. Which of the following interests in real property does Matthew have?

Accepted Answer

A)  easement 
B)  future interest 
C)  leasehold estate 
D)  fee simple absolute 
A)  easement 
B)  future interest 
C)  leasehold estate 
D)  fee simple absolute

Question 15

Eminent domain is the right of the government to transfer private property from one business to another.

Accepted Answer

A) True 
 B)False

Question 16

For adverse possession to occur, some states require that the adverse possessor has taken possession of the land "under of title," that is, thinking that he or she was the lawful possessor of the land.

Accepted Answer

A)  cloud 
B)  condition subsequent 
C)  color 
D)  condition precedent 
A)  cloud 
B)  condition subsequent 
C)  color 
D)  condition precedent

Question 17

Which of the following does the covenant of quiet enjoyment promise?

Accepted Answer

A)  The property is reasonably free of loud noises. 
B)  The grantor will defend the grantee's title if it is challenged. 
C)  The property is free of easements and covenants. 
D)  The grantees will own the property as tenants by the entirety. 
A)  The property is reasonably free of loud noises. 
B)  The grantor will defend the grantee's title if it is challenged. 
C)  The property is free of easements and covenants. 
D)  The grantees will own the property as tenants by the entirety.

Question 18

A piece of property that has been discarded by its original owner is categorized as property.

Accepted Answer

A)  abandoned 
B)  lost 
C)  mislaid 
D)  unclaimed 
A)  abandoned 
B)  lost 
C)  mislaid 
D)  unclaimed

Question 19

Charlie owns a building. He enters into a contract with Atlas Inc. that allows it to place a cell phone tower on top of his building. Which of the following interests in real property does Atlas Inc. have?

Accepted Answer

A)  leasehold estate 
B)  easement by express agreement 
C)  conditional estate 
D)  license 
A)  leasehold estate 
B)  easement by express agreement 
C)  conditional estate 
D)  license

Question 20

A conveyance of ownership is presumed to be the conveyance of a fee simple absolute unless something to the contrary is stated.

Accepted Answer

A) True 
 B)False

Exam 13: Law of Property: Real and Personal

In which of the following cases does an easement by prescription arise?

Restrictive covenants may be placed in CC&Rs and enforced by a homeowners' association.

interest provides the right to own and possess land against all others, without any conditions.

Discuss whether ownership of land includes the air, water and mineral rights associated with the land.

A(n) is a contract that transfers possessory interest in a property from the owner to the tenant.

An easement by prescription arises when .

Which of the following statements is true about fixtures?

Which of the following estates is the most complete estate?

Which of the following is a fixture?

In a leasehold estate, a tenant may move out of the property and sublease it to another party unless prohibited by the lease.

Alex leases property from Sandra for business. Alex opens a hardware repair shop in this property. He affixes welding equipment to the property. After a period of time, Alex decides to move his business to a different location. Which of the following statements is true of this scenario?

Some state laws require that the finder of mislaid property must place an ad in a newspaper.

Which of the following statements is true of tenancy by the entirety?

Matthew owns a ranch. He has the right to own and possess that land until his death. When he dies, the ranch will pass to his heirs. Which of the following interests in real property does Matthew have?

Eminent domain is the right of the government to transfer private property from one business to another.

For adverse possession to occur, some states require that the adverse possessor has taken possession of the land "under of title," that is, thinking that he or she was the lawful possessor of the land.

Which of the following does the covenant of quiet enjoyment promise?

A piece of property that has been discarded by its original owner is categorized as property.

Charlie owns a building. He enters into a contract with Atlas Inc. that allows it to place a cell phone tower on top of his building. Which of the following interests in real property does Atlas Inc. have?

A conveyance of ownership is presumed to be the conveyance of a fee simple absolute unless something to the contrary is stated.

Critical Thinking and Legal Reasoning

Introduction to Law and the Legal Environment of Business

The American Legal System

Alternative Tools of Dispute Resolution

Constitutional Principles

White-Collar Crime and the Business Community

Ethics, Social Responsibility, and the Business Manager

The International Legal Environment of Business

The Law of Contracts and Sales I

The Law of Contracts and Sales Ii

The Law of Torts

Product and Service Liability Law

Intellectual Property

Agency Law

Law and Business Associations I

Law and Business Associations II

The Law of Administrative Agencies

The Employment Relationship and Immigration Laws

Laws Governing Labor-Management Relations

Employment Discrimination

Environmental Law

Rules Governing the Issuance and Trading of Securities

Antitrust Laws

Laws of Debtor-Creditor Relations and Consumer Protection

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