Exam 48: Real Property

Which is not a correct statement about deeds?

Today, real property includes all of the following except: ______.

Equipment attached to a rented building by a tenant and used in business is: ______.

Ulysses bought Whiteacre from Gordon but never recorded the deed. Gordon stayed on the property as a tenant for three (3) years. Near the end of the three (3) years, Gordon learned that Ulysses had never recorded the deed. Gordon advertised Whiteacre for sale and Cheryl negotiated with Gordon thinking that Gordon was the owner. Finally, Cheryl checked the records at the recording office and, finding no reason to question Gordon's ownership of the property, purchased Whiteacre from Gordon. Cheryl recorded the deed and Gordon fled with the purchase money. Meanwhile, Ulysses had failed to pay the real estate taxes on Whiteacre for the three (3) years in question thinking it was the responsibility of Gordon, the tenant. Ultimately, Cheryl and Ulysses disputed over the ownership of the property. Decide the case between Cheryl and Ulysses. Also decide whether Ulysses is responsible for the three (3) years of real estate taxes assessed while Gordon occupied the property as a tenant.

A guarantee that the grantor owns the estate conveyed is called a covenant: ______.

A _________ passes with the land so that whoever owns the land is bound by or entitled to the benefit of the covenant.

Landowners owe no duty to licensees to warn of nonobvious dangers on their land.

Tucker and Hankey were adjoining property owners. Tucker claimed that the fence separating their properties was not located properly and that it should be moved back onto Hankey's land. Hankey claimed that he owned the strip between the fence and the alleged boundary line by adverse possession. He proved that for forty (40) years there had been on the strip in question a barn with a cement floor, which had been built by the person from whom he purchased his land, and that he had been told by the former owner that the fence was the boundary line. The fence consisted of five-foot-high barbed wire set in cement. Did Hankey own the strip by adverse possession?

A landowner owes which of the following duties to a trespasser?

What type of deed merely transfers whatever interest, if any, the grantor may have in the property, without specifying that interest in any way?

Legal title to land may be acquired by adverse possession, even though the possessor originally had no right to use or possess the property.

All of the following statements about fixtures are correct, except: ______.

An oral promise to create an easement is not binding because of the statute of frauds.

Machinery and equipment that is movable is ordinarily held not to be fixtures even though it is necessary to unbolt them from the floor or disconnect electrical wires.

The right to _________ which is found in the ______ Amendment to the U.S. Constitution, authorizes the government to take land for public use with just compensation.

A landowner owes a duty to a(n) ______to take reasonable steps to discover any danger and a corresponding duty to warn the party of, or correct, the discovered danger.

A landowner is not under any duty to warn of dangers or to make the premises safe to protect the trespasser from harm.

Liens on land may be created voluntarily by the owner of land or involuntarily against the wishes of the owner.

An unrecorded mortgage is not valid and binding between the parties.

If the parties involved agree that personal property will be considered a fixture, it will be deemed to be a fixture without the application of legal tests.