Exam 12: Property

Adams finds that it takes less time to get home when she walks through Benson's yard instead of going around it.She asks Benson's permission to cross his land, and Benson says, "All right, but you must stop walking across when I say so because I don't want my grass to die." By letting Adams walk across his property, Benson has created

Ruby inherited her grandmother's estate, Jewelstone, when she was 21 years old.Several years later she married Bob, and together over the course of their marriage they had two daughters, Pearl and Emerald.Ruby wishes to make out a will and ultimately leave Jewelstone to the girls, but should she predecease Bob, she wants to make sure that he can live there until he dies.She doesn't wish to leave Jewelstone to Bob outright for fear that he might remarry after her death, and she doesn't wish for his second wife or her heirs to inherit any interest in Jewelstone.What property interest should she convey to Bob?

A private easement involves a use of land that does not pose a generalized threat to the public.

In which of the following situations has a mutual benefit bailment been created?

In a tenancy in common involving three tenants, the entire tenancy passes to the two survivors upon the death of the third and bypasses the deceased person's will.

Andrew and Margaret Wilson erected a fence in what they thought was the yard of their Durham, North Carolina, home in 1957.In doing so, they inadvertently enclosed a small triangular piece, no bigger than 15 feet at its widest, of the adjoining landowner's property.In 1980, Carl Pearce and his wife Wanda bought the property adjacent to that of the Wilsons and claimed the triangular shaped property belonged to them.A dispute arose as to who owned the property and a lawsuit ensued.By what law may the Wilsons have established rights to the triangular-shaped piece assuming that they do not possess deeded rights?

Zoning ordinances

The ideas of John Locke were influential in early property law.

The Nike "Swoosh" is an example of a trademark.

Describe three kinds of bailments and give an example of each.

After the Civil War, when one landowner did something that conflicted with another landowner's use of their land, the courts would

To give a gift, a donor must have

Trademarks, patents, and copyrights are examples of intangible property.

Toby and Rita Kahr were owners of 28 pieces of sterling silver that Rita's father had given them as a wedding present 27 years previously.Each piece of silver was engraved with the letter "K." On April 5, 1983, the Kahrs brought used clothing to Goodwill Industries and told Goodwill personnel that they wanted to make a donation of clothing.Unknown to Toby and Rita, the sterling silver, along with a wallet containing their credit cards, were included in their sacks.The Kahrs called Goodwill two hours later, when they realized what happened, and were told that the silver had been sold for $15 to Karen Markland.The Kahrs alleged that the silver had a value of $3,791.The Kahrs brought a replevin action against Goodwill and Markland to recover the silver.

If someone finds an object, they have a duty to make an effort to find the owner.

Tracy took her English bulldog to Dr.Brown, a veterinarian, for surgery.When Tracy visited her dog at the veterinary hospital the evening following the surgery, the animal appeared groggy and was panting heavily.Tracy requested that the dog be monitored all night and was assured that this would be done.The dog died the next morning.Tracy filed suit claiming that she had entrusted her dog to Dr.Brown for surgical treatment on the basis of Brown's assurances that the appropriate surgery would be properly performed and the dog returned to her in a healthy condition.Tracy demanded damages in the amount of $1,200, the fair market value of the animal.What is the legal theory of recovery being asserted by Tracy?

Which of the following factors is considered in determining whether property is a fixture?

The most common means of obtaining personal property is

Environmental laws are an example of how individual property rights have increased since the 1930s.

Eminent domain is constitutionally supported by