Exam 49: Real Property

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?

Small children are afforded additional protection against the trespass rule through the "attractive nuisance" doctrine.

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

Licensees are on the premises with the permission of the landowner.

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

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

Which of the following can constitute an effective delivery of a deed?

A personal,revocable privilege to perform an act or series of acts upon the land of another is called a(n):

Property may be taken from its private owner and the title acquired by the taking government or public authority under the power of:

To which of the following parties does the landowner owe a duty to take reasonable steps to discover any danger and a corresponding duty to warn the party of or correct the discovered danger?

A fixture is personal property that has been attached to the earth or placed in a building in such a way or under such circumstances that it has become part of the real property.

At common law,the occupier of land owed the same duty to both licensees and invitees.

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

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

Personal property that is attached to the earth or placed in a building in such a way or under such circumstances that it is deemed part of the real property is called a(n):

The rights of the mortgagor after default include the right to obtain a stay of foreclosure to prevent undue hardship and a right of redemption.

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.

Recording statutes provide that a person purchasing land from the last holder of record will take title free of any unrecorded claim to the land of which the purchaser does not have notice or knowledge.

Technically,land is considered as extending downward to the earth's center and upward indefinitely.

An easement is a right to use another's property that belongs to the land that is benefited.