Exam 7: The Property System

Property is the legal right to exclude others from resources that are originally possessed or are acquired without force, theft, or fraud.

An easement:

Which of the following is NOT a requirement for a successful application of adverse possession?

Sidney Carton, owner in fee simple of Cartonacre, makes the following grant of his land: "to Lucie Manette for life, then at the death of Lucie Manette, to her children in equal share." At the time of the grant, Sidney Carton has no children or heirs of his own. What interests have been created by this land grant?

The courts have generally defined just compensation in terms of market value.

Seth takes his laundry to Denise's Dry Cleaners (DDC). When Seth gets his clothes back he notices that two of his shirts, perfect when brought in, are now ripped. Which of the following is correct?

How would one determine whether found property is lost or mislaid? What are the rights of the finder of lost and mislaid property?

In a determination of private nuisance, a court will declare a nuisance based solely upon the plaintiff's showing that the defendant's use of his or her land produces an offensive result for the community.

Mike has a car accident and Maria saves his life. To show his appreciation, Mike gives Maria a life estate in one of the homes he owns. Maria lives there for a while and then accepts a job in another state so she gives the property to her sister Jackie. (This is permissible to do.) Jackie owns the property until:

Mike repaired Rosie's car and Rosie refused to pay the bill. Mike was still in possession of the car and therefore could claim a mechanic's lien on the car.

Private property is a system of law under which the state recognizes and enforces an individual's rights to acquire, possess, use, and transfer scarce resources.

Explain what eminent domain is and what must be done for it to be valid.

Suzette leaves her purse at her favorite restaurant during lunch. Suzette's friend Mary, a waitress at the restaurant, sees the purse and takes it to the back office where she puts it with her own things, reminding herself to return it to Suzette when she gets off work. However, when Mary returns to the back office after her shift, she sees that many things have been stolen, including Suzette's purse. Is the restaurant liable to Suzette for the purse? Fully explain your answer.

What property right is granted by a landlord to a tenant, and what are the three ways in which the duration of the grant is qualified?

Ned's is the only house situated directly on the shore of a small lake just outside of the city of Heart Tree. Heart Tree's city council has decided to turn the lake into a city park, complete with waterslides, theatres, and a dog park. Heart Tree claims that this park will create jobs, increase city revenues, and give the citizens of Heart Tree much needed green space. The park will be run by Geoffrey Corp., a development agency associated with Heart Tree. To create the park, Geoffrey Corp. must use all of the land surrounding the lake, so it decides to initiate condemnation proceedings on the land currently owned by Ned. How could Ned fight this, and what would be the likely result?

Which of the following most accurately describes dirt in your neighbor's wheelbarrow?

A _____ deed makes no guarantees other than that the grantor surrenders all claim against the land.

Common carriers are not responsible for acts of God or of public enemies.

A fee simple absolute represents restricted, limited ownership of personal property.

Which of the following is a valid bailment?