Question 1

The word "intestacy" refers to

Accepted Answer

A) the "heart" or "guts" of a case. 
B) a Latin phrase that means a "test" or "battle." 
C) a situation in which a person died without making a will. 
D) the "interests" that a person receives under a will. 
E) a situation in which a husband kills his wife. 
A) the "heart" or "guts" of a case. 
B) a Latin phrase that means a "test" or "battle." 
C) a situation in which a person died without making a will. 
D) the "interests" that a person receives under a will. 
E) a situation in which a husband kills his wife.

Question 2

"A court has found that Xhosa committed an act of waste." What does that statement mean? When will a person be prohibited from committing an act of waste?

Accepted Answer

A person with a fee simple is generally

Question 3

Moon's Autobody Repair decides to purchase a commercial lease from the landlord of a building with a three-car garage and an upper office area.While Moon's Autobody had not made use of the office space,they decided to begin furnishing it one day only to find some of the landlord's friends playing poker in the office.In this case,

Accepted Answer

A) Moon's must respect the fact that the people are friends of the landlord and allow them to carry on. 
B) Moon's is unable to take any action because commercial leases have very ambiguous rights. 
C) Moon's should never have to deal with a situation like this due to the landlord's obligation of quiet possession. 
D) Moon's is entitled to a minimum of $300 000 in damages. 
E) the landlord should have warned Moon's about this possibility. 
A) Moon's must respect the fact that the people are friends of the landlord and allow them to carry on. 
B) Moon's is unable to take any action because commercial leases have very ambiguous rights. 
C) Moon's should never have to deal with a situation like this due to the landlord's obligation of quiet possession. 
D) Moon's is entitled to a minimum of $300 000 in damages. 
E) the landlord should have warned Moon's about this possibility.

Question 4

Kimiko has the fee simple to a piece of land called Blackacre.It is sometimes said that "with rights,comes responsibility." Explain an important set of obligations that Kimiko owes to other members of the community as a result of her ownership of Blackacre,and that may result in her being held liable in damages.

Accepted Answer

The ownership of land creates responsibi

Question 5

Ace and Loretta were neighbours.He owned Blackacre and she owned Whiteacre.They purportedly created a restrictive covenant under which she promised that she would not build a pool in her backyard,and that she would prune her trees on an annual basis.Loretta sold Whiteacre to Moira.Moira wants to build a pool in her backyard and she refuses to prune her trees.Which of the following statements is TRUE?

Accepted Answer

A) Because a restrictive covenant runs with the land,Moira cannot build a pool and must prune her trees. 
B) Moira is bound by the restrictive covenant,at least in part,even if she did not have any way of knowing about it when she bought Whiteacre from Loretta. 
C) Moira may be prohibited from building a pool,but she cannot be required to prune her trees. 
D) Ace cannot possibly enforce the restrictive covenant against Moira because she was not a party to the contract that created the restrictive covenant. 
E) Ace can enforce the restrictive covenant against Moira only if he provided consideration to her after she purchased Whiteacre from Loretta. 
A) Because a restrictive covenant runs with the land,Moira cannot build a pool and must prune her trees. 
B) Moira is bound by the restrictive covenant,at least in part,even if she did not have any way of knowing about it when she bought Whiteacre from Loretta. 
C) Moira may be prohibited from building a pool,but she cannot be required to prune her trees. 
D) Ace cannot possibly enforce the restrictive covenant against Moira because she was not a party to the contract that created the restrictive covenant. 
E) Ace can enforce the restrictive covenant against Moira only if he provided consideration to her after she purchased Whiteacre from Loretta.

Question 6

A sublease does not have to contain exactly the same terms as the head lease.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following statements is TRUE?

Accepted Answer

A) A tenancy at will usually has a fixed duration of one month. 
B) A tenancy at sufferance does not require a contractual agreement of any sort between the parties. 
C) The usual notice period for a tenancy at sufferance is one week. 
D) A specific amount of money,technically known as "rent," must be paid under every type of lease,including a periodic tenancy,a tenancy at will,and a tenancy at sufferance. 
E) If land is subject to a life estate,then a lease may be granted by the person who owns the remainder or the reversion,but not the person who owns the life estate itself. 
A) A tenancy at will usually has a fixed duration of one month. 
B) A tenancy at sufferance does not require a contractual agreement of any sort between the parties. 
C) The usual notice period for a tenancy at sufferance is one week. 
D) A specific amount of money,technically known as "rent," must be paid under every type of lease,including a periodic tenancy,a tenancy at will,and a tenancy at sufferance. 
E) If land is subject to a life estate,then a lease may be granted by the person who owns the remainder or the reversion,but not the person who owns the life estate itself.

Question 8

The right of expropriation allows the government,for emergency purposes only,to take a piece of land from a person without payment.

Accepted Answer

A) True 
 B)False

Question 9

Benjiro has an "estate" in a piece of land called Blackacre.As described in the text,that terms indicates that he

Accepted Answer

A) inherited Blackacre from his father. 
B) has the right to determine who will acquire the property after he dies. 
C) enjoys the right to exclusive possession for some period of time. 
D) is a lawyer. 
E) must hold the reversionary interest in connection with a life estate. 
A) inherited Blackacre from his father. 
B) has the right to determine who will acquire the property after he dies. 
C) enjoys the right to exclusive possession for some period of time. 
D) is a lawyer. 
E) must hold the reversionary interest in connection with a life estate.

Question 10

Takeo sold a piece of land called Blackacre to Suzette.Explain the personal rights and the property rights that arose as a result of that contract.Against whom can those rights be enforced?

Accepted Answer

Two sets of rights arose as a result of

Question 11

Janet and Tad were neighbours.She owned Whiteacre and he owned Blackacre.They created a restrictive covenant that prohibited Tad from building a fence around his property.Janet gave Whiteacre to Helene as a gift.Tad gave Blackacre to Bentley as a gift.Which of the following statements is TRUE?

Accepted Answer

A) Bentley can be prohibited from building a fence around Blackacre only if he knew of the restrictive covenant when he acquired Blackacre. 
B) Helene can enforce the restrictive covenant as long as she knew of the restrictive covenant when she acquired Whiteacre. 
C) The restrictive covenant is valid only if it was notarized by a member of the law society. 
D) There is no possibility of enforcement because a restrictive covenant must deal with benefits rather than burdens. 
E) When the restrictive covenant was created,Janet owned the dominant tenement and Tad owned the servient tenement. 
A) Bentley can be prohibited from building a fence around Blackacre only if he knew of the restrictive covenant when he acquired Blackacre. 
B) Helene can enforce the restrictive covenant as long as she knew of the restrictive covenant when she acquired Whiteacre. 
C) The restrictive covenant is valid only if it was notarized by a member of the law society. 
D) There is no possibility of enforcement because a restrictive covenant must deal with benefits rather than burdens. 
E) When the restrictive covenant was created,Janet owned the dominant tenement and Tad owned the servient tenement.

Question 12

Explain the concept of "expropriation."

Accepted Answer

Expropriation is a process by which the

Question 13

As a general rule,the common areas in a condominium complex are held under co-tenancy,rather than joint tenancy,by all of the owners of the individual units.

Accepted Answer

A) True 
 B)False

Question 14

Monique inherited a life estate in a piece of land called Noiracre.After she died,the land would pass to her brother,Pierre.Monique has largely ignored the property since she acquired it.The house that is located on Noiracre consequently has become badly run down and in urgent need of repair.Indeed,the only thing that Monique has really done to the land is cut down an historic growth of oak trees.Which of the following statements is TRUE?

Accepted Answer

A) Monique committed an act of waste by failing to keep the house in good repair. 
B) Monique committed an act of waste by cutting down the oak trees which she was entitled to do. 
C) Pierre holds the reversionary interest in Noiracre. 
D) Because Pierre is not yet entitled to occupy the land,he cannot successfully complain about any act of waste. 
E) Monique's interest is best described as a remainder interest,because it was remained in the estate of the person from whom she inherited it. 
A) Monique committed an act of waste by failing to keep the house in good repair. 
B) Monique committed an act of waste by cutting down the oak trees which she was entitled to do. 
C) Pierre holds the reversionary interest in Noiracre. 
D) Because Pierre is not yet entitled to occupy the land,he cannot successfully complain about any act of waste. 
E) Monique's interest is best described as a remainder interest,because it was remained in the estate of the person from whom she inherited it.

Question 15

Jamilah and Corbin share ownership of a piece of land called Blackacre.A profit of $5000 was obtained when blueberries were harvested from Blackacre.Which of the following statements is TRUE?

Accepted Answer

A) If Jamilah and Corbin are joint tenants,they must each receive $2500 from the blueberry harvest. 
B) If Jamilah and Corbin are co-tenants,they must each receive $2500 from the blueberry harvest. 
C) Even if Jamilah and Corbin are joint tenants,one of them may have the exclusive right to $5000 from the blueberry harvest. 
D) Unless there is a contract to the contrary,the $5000 profit from the blueberry harvest belongs to the person from whom Jamilah and Corbin acquired their interests in Blackacre. 
E) The profits from the blueberry harvest belong to either Jamilah or Corbin,depending upon which party individually owned the section of Blackacre that contained the blueberry patch. 
A) If Jamilah and Corbin are joint tenants,they must each receive $2500 from the blueberry harvest. 
B) If Jamilah and Corbin are co-tenants,they must each receive $2500 from the blueberry harvest. 
C) Even if Jamilah and Corbin are joint tenants,one of them may have the exclusive right to $5000 from the blueberry harvest. 
D) Unless there is a contract to the contrary,the $5000 profit from the blueberry harvest belongs to the person from whom Jamilah and Corbin acquired their interests in Blackacre. 
E) The profits from the blueberry harvest belong to either Jamilah or Corbin,depending upon which party individually owned the section of Blackacre that contained the blueberry patch.

Question 16

Which of the following statements is TRUE with respect to "reversions" and "remainders," as those terms were discussed in the text?

Accepted Answer

A) The doctrine of waste imposes an obligation on a person who has either a reversion or a remainder. 
B) A remainder is used only if one life estate is followed by another life estate. 
C) If a life estate is followed by a reversion,the right to sue for waste belongs to the person who created the life estate. 
D) Reversions and remainders are far more common in a business context than in a family context. 
E) A reversionary interest exists only if a person has paid to buy back a piece of land that he or she previously sold. 
A) The doctrine of waste imposes an obligation on a person who has either a reversion or a remainder. 
B) A remainder is used only if one life estate is followed by another life estate. 
C) If a life estate is followed by a reversion,the right to sue for waste belongs to the person who created the life estate. 
D) Reversions and remainders are far more common in a business context than in a family context. 
E) A reversionary interest exists only if a person has paid to buy back a piece of land that he or she previously sold.

Question 17

Which of the following statements is TRUE?

Accepted Answer

A) A commercial lease is always granted to a corporation and a residential lease is always granted to an individual. 
B) If the duration of a lease is three years or less,the parties must set a specific rent at the outset,and that amount cannot be altered during the term of the lease. 
C) The covenant for quiet possession may apply even if both parties are deaf. 
D) The right of distress is used more often for residential leases than for commercial leases. 
E) If a residential tenant commits a breach of contract,the landlord is not expected to mitigate its losses. 
A) A commercial lease is always granted to a corporation and a residential lease is always granted to an individual. 
B) If the duration of a lease is three years or less,the parties must set a specific rent at the outset,and that amount cannot be altered during the term of the lease. 
C) The covenant for quiet possession may apply even if both parties are deaf. 
D) The right of distress is used more often for residential leases than for commercial leases. 
E) If a residential tenant commits a breach of contract,the landlord is not expected to mitigate its losses.

Question 18

What is the difference between a reversion and a remainder? When will each type of interest arise?

Accepted Answer

Reversions and remainders (as those term

Question 19

There is an important similarity between a mineral lease and a profit à prendre.In neither case does the person who holds the interest have an automatic right to the subject matter of the interest (such as the minerals in a mineral lease).

Accepted Answer

A) True 
 B)False

Question 20

Malia owns the fee simple in a piece of land called Blackacre.She wants to create a life estate in favour of Gordon.However,she also wants to ensure that the duration of that life estate is measured by her own life rather than Gordon's life.She is entitled to do so.

Accepted Answer

A) True 
 B)False

Exam 15: Real Property: Interests and Leases

The word "intestacy" refers to

"A court has found that Xhosa committed an act of waste." What does that statement mean? When will a person be prohibited from committing an act of waste?

A sublease does not have to contain exactly the same terms as the head lease.

Which of the following statements is TRUE?

The right of expropriation allows the government,for emergency purposes only,to take a piece of land from a person without payment.

Benjiro has an "estate" in a piece of land called Blackacre.As described in the text,that terms indicates that he

Takeo sold a piece of land called Blackacre to Suzette.Explain the personal rights and the property rights that arose as a result of that contract.Against whom can those rights be enforced?

Janet and Tad were neighbours.She owned Whiteacre and he owned Blackacre.They created a restrictive covenant that prohibited Tad from building a fence around his property.Janet gave Whiteacre to Helene as a gift.Tad gave Blackacre to Bentley as a gift.Which of the following statements is TRUE?

Explain the concept of "expropriation."

As a general rule,the common areas in a condominium complex are held under co-tenancy,rather than joint tenancy,by all of the owners of the individual units.

Jamilah and Corbin share ownership of a piece of land called Blackacre.A profit of $5000 was obtained when blueberries were harvested from Blackacre.Which of the following statements is TRUE?

Which of the following statements is TRUE with respect to "reversions" and "remainders," as those terms were discussed in the text?

Which of the following statements is TRUE?

What is the difference between a reversion and a remainder? When will each type of interest arise?

There is an important similarity between a mineral lease and a profit à prendre.In neither case does the person who holds the interest have an automatic right to the subject matter of the interest (such as the minerals in a mineral lease).

Malia owns the fee simple in a piece of land called Blackacre.She wants to create a life estate in favour of Gordon.However,she also wants to ensure that the duration of that life estate is measured by her own life rather than Gordon's life.She is entitled to do so.

Risk Management and Sources of Law

Litigation and Alternative Dispute Resolution

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Special Contracts: Negotiable Instruments

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

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