Exam 8: Real and Personal Property

A private nuisance involves:

In Powell v.Washburn the Arizona high court held that unclear terms in covenants on a planned community would be given the apparent intention of the parties to the covenant.

Which of the following is not a servitude:

An easement is a burden on someone else's property.

In Atkinson v.City of Pierre,Atkinson sued an ice-making company next to her apartment for nuisance for noise and the city for not enforcing the noise ordinance.The court held that Atkinson failed to provide evidence that the business was unreasonably noisy.

If you gave an easement to the Nature Conservancy promising not to build on your property,but to protect it,that would be called a negative easement.

Which of the following is an intentional tort against real property:

In Campisi v.Acme Markets,Campisi was injured when shopping at Acme when she tripped over the white guide cane of a blind employee of Acme.She sued Acme for premises liability by being negligent by not warning clients of the blind employee with the cane.The appeals court held that:

In Stewart v.Federated Department Stores,where a woman's estate sued Bloomingdale's for failing to adequately guard one of the store's parking lots,the court held that the security was not negligent under the circumstances.

Leased property is assumed at law to have:

Statutes may not modify the law of real property.

To enforce the provisions of a lease,most courts prefer a lease to include:

If the government forces you to sell 10 acres of your land to the Park Service,the Constitution requires that:

The ___________,which comes from receipt of a valid deed,is the means by which the owner of property has legal possession of it.

If you go on someone's property,but do not know that it belongs to that person,you have not committed a trespass because you did not know of the ownership.

When intellectual property,such as copyrights,patents,trade secrets or trademarks,is taken by others without permission,there is a tort of:

When someone has interfered with the right of the owner to exclusive possession and enjoyment of personal property there may be a tort of:

In Neilsen v.Gold's Gym when the parties fell into a dispute over the lease of commercial space for a gym,the Utah high court held the parties never agreed on a lease.

A hostile user of another person's land may come to own the property or an easement through:

Furniture,since it is movable,is an example of: