Question 1

Which of the following statements is TRUE with respect to a condominium?

Accepted Answer

A) The word "condominium" is derived from two Latin words meaning "tricked" ("con")and "control" ("dominium"),because the member of a condominium complex appears to own more than they really do. 
B) The various areas contained in a condominium complex are usually split between life estates and common tenancies. 
C) The individual units in a condominium complex are owned by the condominium corporation. 
D) The expenses associated with running a condominium complex are funded by an assessment on the owners of the units that is imposed by the condominium corporation. 
E) In most jurisdictions,the individual units within a condominium complex must be used for residential purposes. 
A) The word "condominium" is derived from two Latin words meaning "tricked" ("con")and "control" ("dominium"),because the member of a condominium complex appears to own more than they really do. 
B) The various areas contained in a condominium complex are usually split between life estates and common tenancies. 
C) The individual units in a condominium complex are owned by the condominium corporation. 
D) The expenses associated with running a condominium complex are funded by an assessment on the owners of the units that is imposed by the condominium corporation. 
E) In most jurisdictions,the individual units within a condominium complex must be used for residential purposes.

Question 2

Franco and Magda have experienced a changing relationship.He has the fee simple to a piece of land called Blackacre.She was initially a tenant under a periodic tenancy.She then occupied Blackacre under a tenancy at will.And now she occupies the property under a tenancy at sufferance.Explain the most likely means by which the nature of the parties' tenancy changed.

Accepted Answer

It is first necessary to explain the dif

Question 3

The "giant carrot theory" is used to describe

Accepted Answer

A) the fact that the owner of a piece of land is entitled to any profits made on that land. 
B) the fact that a person who owns a profit à prendre is allowed to harvest natural products from a piece of land. 
C) a theory that is used in civil law systems,such as Quebec,but that has never been recognized in the common law. 
D) the manner in which profits are divided between co-tenants. 
E) the fact that,in theory,a person who owns a piece of land has rights from the centre of the Earth and up through the heavens. 
A) the fact that the owner of a piece of land is entitled to any profits made on that land. 
B) the fact that a person who owns a profit à prendre is allowed to harvest natural products from a piece of land. 
C) a theory that is used in civil law systems,such as Quebec,but that has never been recognized in the common law. 
D) the manner in which profits are divided between co-tenants. 
E) the fact that,in theory,a person who owns a piece of land has rights from the centre of the Earth and up through the heavens.

Question 4

Darius rented a commercial building to Kylie under a monthly periodic tenancy.The lease took effect on June 1.As soon as Kylie took possession of the building on that day,she realized that she would be happier elsewhere.Consequently,she gave notice to quit on June 1.Assuming that the general rules apply,which of the following statements is TRUE?

Accepted Answer

A) Kylie must pay rent for June and July. 
B) If Kylie stays in the premises during July,she will be a trespasser. 
C) If Kylie stays in the premises for June,she will do so under a tenancy at sufferance. 
D) Kylie has breached the contract and Darius therefore has the right to evict her immediately. 
E) Kylie merely has to provide one week's notice to quit. 
A) Kylie must pay rent for June and July. 
B) If Kylie stays in the premises during July,she will be a trespasser. 
C) If Kylie stays in the premises for June,she will do so under a tenancy at sufferance. 
D) Kylie has breached the contract and Darius therefore has the right to evict her immediately. 
E) Kylie merely has to provide one week's notice to quit.

Question 5

Pedrag has the fee simple in a piece of property called Blackacre.Trish acquired a profit à prendre with respect to the annual crop of canola that grows on Blackacre.That interest will last for five years.Which of the following statements is TRUE?

Accepted Answer

A) The term "profit à prendre" is derived from words that mean "profit from" ("profit à")and "hard work" ("prendre")in French. 
B) Trish almost certainly acquired her interest from the Crown,rather than Pedrag. 
C) A profit à prendre is a type of mineral lease. 
D) Trish owns the canola crop that grows every year,even before she actually harvests it. 
E) Trish may hold the profit à prendre even if she does not have title to a dominant tenement. 
A) The term "profit à prendre" is derived from words that mean "profit from" ("profit à")and "hard work" ("prendre")in French. 
B) Trish almost certainly acquired her interest from the Crown,rather than Pedrag. 
C) A profit à prendre is a type of mineral lease. 
D) Trish owns the canola crop that grows every year,even before she actually harvests it. 
E) Trish may hold the profit à prendre even if she does not have title to a dominant tenement.

Question 6

Which of the following statements is TRUE?

Accepted Answer

A) An easement and a licence are both non-possessory interests in land. 
B) A restrictive covenant is a non-possessory interest in land. 
C) An easement and a restrictive covenant are possessory interests in land,but a licence is not. 
D) An easement is a non-possessory interest in land,but a profit à prendre is not. 
E) An easement,a licence,and a restrictive covenant all require the existence of dominant and servient tenements. 
A) An easement and a licence are both non-possessory interests in land. 
B) A restrictive covenant is a non-possessory interest in land. 
C) An easement and a restrictive covenant are possessory interests in land,but a licence is not. 
D) An easement is a non-possessory interest in land,but a profit à prendre is not. 
E) An easement,a licence,and a restrictive covenant all require the existence of dominant and servient tenements.

Question 7

As explained in the text,the word "dower" refers to

Accepted Answer

A) an unmarried woman. 
B) the sense of joy one feels upon being married. 
C) property that a woman was historically entitled to receive when her husband died. 
D) an arranged marriage. 
E) joint ownership of a piece of land by a husband and wife. 
A) an unmarried woman. 
B) the sense of joy one feels upon being married. 
C) property that a woman was historically entitled to receive when her husband died. 
D) an arranged marriage. 
E) joint ownership of a piece of land by a husband and wife.

Question 8

On June 1,2005,Angelo sold his house to a newly married couple.Angelo and the couple agreed in writing that although the couple would legally move in on August 1,2005,they would allow Angelo to remain living in the house for a short period until he found a new place to live.It is now June 1,2006,and the couple has asked Angelo to leave multiple times but he continues to refuse.Which of the following has occurred?

Accepted Answer

A) Angelo's periodic tenancy has become a tenancy at will. 
B) Angelo's tenancy at will has become a tenancy at sufferance. 
C) Angelo's tenancy at sufferance has become a tenancy at will. 
D) Angelo's fixed term tenancy has become a tenancy at sufferance. 
E) Angelo's tenancy at sufferance remains a tenancy at sufferance. 
A) Angelo's periodic tenancy has become a tenancy at will. 
B) Angelo's tenancy at will has become a tenancy at sufferance. 
C) Angelo's tenancy at sufferance has become a tenancy at will. 
D) Angelo's fixed term tenancy has become a tenancy at sufferance. 
E) Angelo's tenancy at sufferance remains a tenancy at sufferance.

Question 9

Land is called "real" property

Accepted Answer

A) because it is impossible to fake the existence of land. 
B) after the word "res," which means "thing" in Latin. 
C) because the usual remedy for a trespass to land is compensation,which provides the plaintiff with an effective remedy. 
D) after the word "reus," which means "action" in Latin. 
E) after the word "real," which means "royal" in Latin. 
A) because it is impossible to fake the existence of land. 
B) after the word "res," which means "thing" in Latin. 
C) because the usual remedy for a trespass to land is compensation,which provides the plaintiff with an effective remedy. 
D) after the word "reus," which means "action" in Latin. 
E) after the word "real," which means "royal" in Latin.

Question 10

Teppo has the fee simple to a piece of land called Blackacre.Laila has a mineral lease that allows her to extract oil from beneath Blackacre.Which of the following statements is TRUE?

Accepted Answer

A) Since the courts no longer apply the "giant carrot theory," Laila did not really need a lease in order to legally extract oil from beneath Blackacre. 
B) Laila probably acquired her lease from the Crown. 
C) Teppo can prevent Laila from extracting oil from beneath Blackacre unless he already held the fee simple when she first acquired her lease. 
D) Laila owns the oil in question even if she has not yet built an oil well. 
E) A mineral lease cannot apply to oil,which is not a mineral. 
A) Since the courts no longer apply the "giant carrot theory," Laila did not really need a lease in order to legally extract oil from beneath Blackacre. 
B) Laila probably acquired her lease from the Crown. 
C) Teppo can prevent Laila from extracting oil from beneath Blackacre unless he already held the fee simple when she first acquired her lease. 
D) Laila owns the oil in question even if she has not yet built an oil well. 
E) A mineral lease cannot apply to oil,which is not a mineral.

Question 11

Selina owned a large piece of land called Blackacre.She sold the west half to Arvid and the east half to Geoff.Geoff and Arvid therefore share ownership of Blackacre as either joint tenants or co-tenants.

Accepted Answer

A) True 
 B)False

Question 12

Shortly before he died,Walter drafted a will to make sure that the appropriate people enjoyed Bearsclaw,the name of his cabin in the mountains.At the time of Walter's death,his brother Herman was married to Stella.Stella also owned a cabin in the mountains,which she let Herman use.As Walter knew,however,Stella intended that after she died,her cabin would pass to her cousin.Walter's will therefore said that Bearsclaw would go to his sister,Maria,until Stella died.When Stella died,Bearsclaw would go to Herman.Which of the following can be said with respect to Bearsclaw after Walter died?

Accepted Answer

A) Herman held a reversion. 
B) Stella enjoys a life estate. 
C) Maria held a remainder. 
D) Herman held a remainder. 
E) Maria held a reversion. 
A) Herman held a reversion. 
B) Stella enjoys a life estate. 
C) Maria held a remainder. 
D) Herman held a remainder. 
E) Maria held a reversion.

Question 13

Why is land sometimes called "real property"? In terms of the enforcement of legal rights,how is real property treated differently than other forms of property?

Accepted Answer

This question requires a very careful re

Question 14

Lee has an assortment of oak trees on his land,which he does not use for any purpose.Marc was able to obtain a profit á prendre with respect to any oak trees on Lee's land.The next day,a new man named Gary came onto Lee's land and began cutting down trees.When Lee angrily questioned Gary,Gary innocently told Lee that Marc had sold him the trees purchased in the profit á prendre,giving Gary rights to harvesting.Which of the following is true?

Accepted Answer

A) The rights to extract timber cannot be bought because timber is not considered a mineral. 
B) Gary can only take trees from Lee's land if Marc is present with him. 
C) The profit á prendre that was sold to Marc is an interest in land and,therefore,does not contain any harvesting rights. 
D) Only express easement can grant the rights to harvesting minerals or other sought after materials. 
E) Marc was wrong to sell Gary any sort of rights to the trees,since the timber does not belong to Marc until he harvests it. 
A) The rights to extract timber cannot be bought because timber is not considered a mineral. 
B) Gary can only take trees from Lee's land if Marc is present with him. 
C) The profit á prendre that was sold to Marc is an interest in land and,therefore,does not contain any harvesting rights. 
D) Only express easement can grant the rights to harvesting minerals or other sought after materials. 
E) Marc was wrong to sell Gary any sort of rights to the trees,since the timber does not belong to Marc until he harvests it.

Question 15

Ganesh and Madonna own neighbouring pieces of land.One of those parties owns Blackacre and the other owns Whiteacre.Ganesh has a property interest that allows him to drain his reservoir into Madonna's field once a year and prohibits Madona from erecting any impediment to the drainage ditch.Which of the following statements must be TRUE?

Accepted Answer

A) Ganesh probably enjoys the benefit of a restrictive covenant. 
B) Ganesh must have personally paid for the right to drain his reservoir into Madonna's field. 
C) If Whiteacre is the dominant tenement,then it must belong to Madonna. 
D) If Whiteacre is the servient tenement,then it must belong to Madonna. 
E) Madonna has granted a licence to Ganesh. 
A) Ganesh probably enjoys the benefit of a restrictive covenant. 
B) Ganesh must have personally paid for the right to drain his reservoir into Madonna's field. 
C) If Whiteacre is the dominant tenement,then it must belong to Madonna. 
D) If Whiteacre is the servient tenement,then it must belong to Madonna. 
E) Madonna has granted a licence to Ganesh.

Question 16

Sarah has owned a fee simple estate for more than 15 years.She has never sold or leased it to anyone and lives on the property.She has received a letter in the mail stating that the government is expropriating her land and asking her to vacate within a specified time.Sarah is

Accepted Answer

A) entitled to remain on her land despite the government request. 
B) entitled to a minimum compensation of $250 000. 
C) required to forfeit her property despite her broad package of rights in a fee simple. 
D) forced to leave her land,but may take as long as she sees fit. 
E) protected from the government by the charter,so it cannot expropriate her land. 
A) entitled to remain on her land despite the government request. 
B) entitled to a minimum compensation of $250 000. 
C) required to forfeit her property despite her broad package of rights in a fee simple. 
D) forced to leave her land,but may take as long as she sees fit. 
E) protected from the government by the charter,so it cannot expropriate her land.

Question 17

Chinthaka,Karissa,and Dora are "joint tenants" of a piece of land called Blackacre.As explained in the text,that must mean that

Accepted Answer

A) they each pay an equal amount of rent to their landlord. 
B) They have a right of survivorship. 
C) if Karissa dies first,her interest will be acquired by either Chinthaka or Dora,depending upon which party is named in Karissa's will. 
D) they are all related. 
E) each person has the right to exclude the other two from at least one section of Blackacre. 
A) they each pay an equal amount of rent to their landlord. 
B) They have a right of survivorship. 
C) if Karissa dies first,her interest will be acquired by either Chinthaka or Dora,depending upon which party is named in Karissa's will. 
D) they are all related. 
E) each person has the right to exclude the other two from at least one section of Blackacre.

Question 18

Aaliyah owned a piece of land that she rented to Rudy under a commercial lease.Because Rudy consistently failed to pay the rent,Aaliyah exercised the right of distress.That means that she placed Rudy under pressure,or "in distress," by changing the locks on the premises as a way of encouraging him to pay the rent.

Accepted Answer

A) True 
 B)False

Question 19

Land is sometimes called "real property" because

Accepted Answer

A) it is really more important than personal property. 
B) traditionally,it was the real source of most wealth in England. 
C) the owner can recover the land itself,rather than its monetary value,if someone wrongfully occupies it. 
D) as a matter of reality,land was more valuable than anything else to the King of England. 
E) it lasts forever and therefore reflects the reality and permanence of the world. 
A) it is really more important than personal property. 
B) traditionally,it was the real source of most wealth in England. 
C) the owner can recover the land itself,rather than its monetary value,if someone wrongfully occupies it. 
D) as a matter of reality,land was more valuable than anything else to the King of England. 
E) it lasts forever and therefore reflects the reality and permanence of the world.

Question 20

Angus and Kirsty have some form of ownership in separate units within a condominium complex.Which of the following statements is TRUE?

Accepted Answer

A) The concept of "flying fees" describes the fact that Angus and Kirsty must contribute to a fund that is used by their condominium corporation. 
B) Angus and Kirsty must be joint tenants,along with the owners of the other condominium units. 
C) Angus and Kirsty must live in a building that is at least five stories high. 
D) Angus and Kirsty can vote for directors for the condominium corporation only if they buy separate shares in that corporation. 
E) Angus and Kirsty may both be joint tenants with other people. 
A) The concept of "flying fees" describes the fact that Angus and Kirsty must contribute to a fund that is used by their condominium corporation. 
B) Angus and Kirsty must be joint tenants,along with the owners of the other condominium units. 
C) Angus and Kirsty must live in a building that is at least five stories high. 
D) Angus and Kirsty can vote for directors for the condominium corporation only if they buy separate shares in that corporation. 
E) Angus and Kirsty may both be joint tenants with other people.

Which of the following statements is TRUE with respect to a condominium?

The "giant carrot theory" is used to describe

Pedrag has the fee simple in a piece of property called Blackacre.Trish acquired a profit à prendre with respect to the annual crop of canola that grows on Blackacre.That interest will last for five years.Which of the following statements is TRUE?

Which of the following statements is TRUE?

As explained in the text,the word "dower" refers to

Land is called "real" property

Teppo has the fee simple to a piece of land called Blackacre.Laila has a mineral lease that allows her to extract oil from beneath Blackacre.Which of the following statements is TRUE?

Selina owned a large piece of land called Blackacre.She sold the west half to Arvid and the east half to Geoff.Geoff and Arvid therefore share ownership of Blackacre as either joint tenants or co-tenants.

Why is land sometimes called "real property"? In terms of the enforcement of legal rights,how is real property treated differently than other forms of property?

Sarah has owned a fee simple estate for more than 15 years.She has never sold or leased it to anyone and lives on the property.She has received a letter in the mail stating that the government is expropriating her land and asking her to vacate within a specified time.Sarah is

Chinthaka,Karissa,and Dora are "joint tenants" of a piece of land called Blackacre.As explained in the text,that must mean that

Land is sometimes called "real property" because

Angus and Kirsty have some form of ownership in separate units within a condominium complex.Which of the following statements is TRUE?

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

Filters

Exam 15: Real Property: Interests and Leases

Which of the following statements is TRUE with respect to a condominium?

The "giant carrot theory" is used to describe

Pedrag has the fee simple in a piece of property called Blackacre.Trish acquired a profit à prendre with respect to the annual crop of canola that grows on Blackacre.That interest will last for five years.Which of the following statements is TRUE?

Which of the following statements is TRUE?

As explained in the text,the word "dower" refers to

Land is called "real" property

Teppo has the fee simple to a piece of land called Blackacre.Laila has a mineral lease that allows her to extract oil from beneath Blackacre.Which of the following statements is TRUE?

Selina owned a large piece of land called Blackacre.She sold the west half to Arvid and the east half to Geoff.Geoff and Arvid therefore share ownership of Blackacre as either joint tenants or co-tenants.

Why is land sometimes called "real property"? In terms of the enforcement of legal rights,how is real property treated differently than other forms of property?

Sarah has owned a fee simple estate for more than 15 years.She has never sold or leased it to anyone and lives on the property.She has received a letter in the mail stating that the government is expropriating her land and asking her to vacate within a specified time.Sarah is

Chinthaka,Karissa,and Dora are "joint tenants" of a piece of land called Blackacre.As explained in the text,that must mean that

Land is sometimes called "real property" because

Angus and Kirsty have some form of ownership in separate units within a condominium complex.Which of the following statements is TRUE?

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

Filters