Exam 48: Real Property

Under race statutes, the first party to record the deed holds title to land.

A prescription is a right to use another's property that belongs to the land that is benefited.

The right to cut firewood from another's property would constitute a profit.

Frank has two interests in property. On property "X," Frank has a life estate measured by the life of his Uncle Sal. On property "Y," Frank has a fee simple estate. Frank wishes to transfer, upon his death, his interest in the two properties to his wife, Samantha. Prior to Frank's executing his will, Uncle Sal dies. Frank still wishes to will the properties to his wife, but he now is uncertain whether he has the right to do so. Can Frank will the two property interests to Samantha?

A(n) _____ is personal property that is attached to the earth or placed in a building in such a way that it is deemed part of the real property.

A deed is not effective to pass title unless it is properly recorded.

Land extends downward to the earth's center and upward indefinitely.

Small children who trespass on land may be owed a special duty of care based on the doctrine of: ______.

A quitclaim deed must specify what interest is being transferred in order to be valid.

In a mortgage assumption, both the original mortgagor and the transferee are liable, and the property is subject to foreclosure by the mortgagee in the event the payments are not made.

An easement by prescription is created by an adverse or contrary use of the true owner's land for a statutory period.

Personal property that has become a fixture no longer exists as personal property.

A fee simple defeasible is an interest that gives the grantee all the rights of a fee simple subject to compliance with certain restrictions.

An easement by implication arises when one conveys a portion the land that has been used as a dominant estate in relation to the part retained.

Characteristics of the fee simple estate include all of the following except the estate ______.

Any of the following can constitute an effective delivery of a deed except: ______.

A deed is not necessary to transfer title to land when the land is a gift.

In general, a mortgagor is under a duty to: ______.

A covenant ________ promises that the grantor of an interest in land will execute any additional documents required to perfect the title of the grantee.

The attractive nuisance rule is a defense for landowners when children trespassers are injured. Small children are afforded additional protection against the trespass rule through the "attractive nuisance" doctrine.