Exam 24: Personal Property, Real Property, and Land Use Law

Fred has returned from a nursery where he has purchased 21 rose bushes to decorate the exterior of his home. Each bush has its roots wrapped in burlap, and Fred carried the bushes home in the back of his pickup truck. Fred has now planted each of the rose bushes. The bushes are real property.

A piece of personal property affixed to real property is called a ______.

What is meant by the concept that title to personal property and title to real property provide the owner a bundle of rights?

Which of the following would not be considered a real estate fixture?

In the event that a landlord breaches a duty owed to a tenant, what are the possible remedies that may be available to the tenant?

A fee tail is an ownership interest in land, recognized in only a minority of states, that limits succession of the property to members of the owner's family only.

Floyd has lived in his residence for three years when new neighbors move in. Soon afterward he starts to smell foul odors emanating from the new neighbors' home. It turns out that they have started a large compost heap that they plan to use as fertilizer for their spring and fall planting. Even with his windows closed and the air conditioning on, he can't stop the smell from permeating his home. If he files in court claiming a nuisance, what standard will the court use and how is it applied?

Assume that you are a freshman and live in your school's dormitory. The agreement you've signed with the school states that you may move in on September 1 and must vacate the room by May 31 of the following year. Should you wish to live in the dormitory during your sophomore year, you must sign a completely new contract with the school. Your agreement with the school best approximates a:

Sylvia is a student who parked her car in a university parking lot. To enter the lot, she had to swipe her ID card to gain access. During class, a thief broke into her car and stole her computer. The school is liable to her under a bailment relationship if it did not exercise proper care in the protection of her car.

Willie is selling his home. As he starts the moving process, he is wondering what he may take with him and what he must leave behind. Assume that the contract doesn't specifically list individual items and simply says that he must leave all fixtures. In particular he is wondering if he can take the following: his brand new refrigerator; glued carpeting in his basement; the 5- by 7-foot handmade Oriental rug in his den, and the shelving in his garage. Since you have taken a law class, he asks you for your advice. What should you tell him?

The government must pay when it exercises its right of eminent domain.

Money being held by a neutral third party, to be paid out once a dispute is settled, is money being held in ______.

Each of the following is personal property except:

An easement by prescription:

Riparian rights have to do with:

In Fontainebleau Hotel v. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a 14-story addition to its premises that Eden Roc claimed blocked air and sunlight from its pool and sunbathing areas. The court determined that:

The common law held that property owners own the rights to the air and light for up to 100 feet above their property.

Ownership of land is typically evidenced by a ______.

Mike is driving when he has an accident. Robin, who is driving behind him, sees the accident and stops to help. She pulls Mike from the burning car and administers CPR, saving his life. Mike is a wealthy landowner and wants to reward Robin, so he gives her a home with the understanding that when she dies, the home will go back to Mike or, if Mike is deceased, to Mike's heirs. Mike has granted Robin a:

Joey owned three homes in three different states. He tells Monica that she can live in his Iowa home until he decides to start using the home again in the future. Monica moves in and lives there for 13 years when Joey calls and says that he wishes to start using the home and that she must move out. Monica tells Joey that the statutory period for adverse possession in Iowa is 10 years and that she is now the owner.