Deck 23: Real and Personal Property

Question 1

The most important factor in determining whether an item is a fixture is the perception of a disinterested third party.

Answer 1

False

Question 2

When a tenant in common dies,that party's interest in the property automatically passes to the surviving owners.

Answer 2

False

Question 3

When a joint tenant dies,his or her interest in the property passes to his or her chosen heirs.

Answer 3

False

Question 4

A person who rents an apartment has an easement by necessity in the private road leading to the apartment building.

Question 5

In both a tenancy in common,and a joint tenancy,each co-owner owns an undivided interest in the property.

Question 6

A license is a personal privilege that cannot be withdrawn or revoked.

Question 7

Tile and carpeting permanently attached to the floor of a house are most likely intended to be fixtures.

Question 8

The rights of the owner to the subsurface of a piece of land would have little value if the owner could not use the surface to exercise those rights.

Question 9

Land includes the soil and water on the surface of the earth,but not the water under the surface.

Question 10

Adverse possession is a means of obtaining title to land without delivery of a deed.

Question 11

The condemnation power of the government to take land for a public use is known as the right of adverse possession.

Question 12

Unless the owner of an easement or profit becomes the owner of the property burdened by it,an easement or profit cannot be terminated or extinguished.

Question 13

To acquire property by adverse possession,the possession must be secret or clandestine.

Question 14

Because no one can actually hold a piece of land,certain rights and duties are recognized to constitute the ownership interests in real property.

Question 15

An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.

Question 16

A fee simple absolute is an estate or interest in land with no limits in terms of disposition or duration.

Question 17

To be a fixture,an item of personal property must be physically attached to the land in some way.

Question 18

Society's interest in ensuring that real property remains in the stream of commerce is one of the reasons for the doctrine of adverse possession.

Question 19

A valid deed must contain words indicating an intent to convey (transfer)the property.

Question 20

The covenant of quiet enjoyment guarantees that the buyer will not disturb the land or any of its neighbors.

Question 21

Mines Inc.installs an industrial-quality wastewater system bolted to a concrete foundation on its property and connected to an underground aquifer.A court is most likely to consider the system a fixture because

A) Mines Inc.owns the property.
B) the installation is industrial-quality.
C) the system is attached to Mines' property and integral to its operations.
D) a wastewater system cleans,or "fixes," waste water.

Question 22

Zoning's only purpose is to classify land by permissible use.

Question 23

Jack owns a parcel of land.Jack tows a mobile home to the parcel and anchors it to the land near a stand of Douglas fir trees.Jack's real property consists of

A) the land.
B) the mobile home.
C) the trees.
D) all of the choices.

Question 24

Zoning laws may require businesses to construct buildings in conformance with other area commercial buildings and to take measures to manage traffic.

Question 25

The delivery of documents that represent the rights to property can be sufficient to transfer that property to the recipient.

Question 26

Digital goods,including virtual goods,are personal property with real value.

Question 27

A bailee has no right to limit his or her liability for loss or damage to the bailed goods because it would contravene public policy.

Question 28

Under the takings clause of the Fifth Amendment to the U.S.Constitution,private property may be taken for public use without "just compensation."

Question 29

Grey owns the surface rights for High Desert Ranch,which includes a house,a bunkhouse,and two barns.Industrial Mining Inc.owns the subsurface rights.When the company drills for and extracts the oil beneath the ranch,the surface subsides and the structures collapse.Most likely responsible for the damage is

A) Industrial Mining.
B) Grey.
C) Industrial Mining and Grey in proportion to the value of their rights.
D) no one-each owner is liable for their own costs.

Question 30

The law protects a person's rights and interests in anything with an ascertainable value that is subject to ownership.

Question 31

If the bailed property has been lost,a court will presume that the bailee was negligent,which he or she can rebut by showing an exercise of due care.

Question 32

Bob owns twenty acres of land on the side of a mountain in Colorado.He files a suit against the Durango Flight School,claiming that its planes flying over his land violate his property rights.To succeed,his best argument is

A) the planes fly over more than twice a day.
B) there are other routes the planes could take.
C) the flights are low and frequent,interfering with enjoyment of his land.
D) the planes are effectively taking private property for private use.

Question 33

Failure to give up possession at the time the bailment ends could result in an action against the bailee for conversion or negligence.

Question 34

Zoning laws enable a local governmental subdivision-a city,for example-to control the speed and type of development within its borders.

Question 35

As long as zoning laws are rationally related to the health,safety,or welfare of a community,a municipality has broad discretion to carry out zoning as it sees fit.

Question 36

To impose a restrictive covenant on every lot in a subdivision,each lot's deed must include the restrictions or a reference to where they may be found.

Question 37

Simply finding property and holding onto it gives the finder all legal rights in it.

Question 38

In a bailment for the sole benefit of the bailor,the bailee need not exercise even a slight degree of care in preserving the bailed property.

Question 39

The distinction between real and personal property is important because the classification of property determines how it can be acquired.

Question 40

Colleen owns a house.In the house,on a tile floor is a throw rug and a heavy decorative urn.Most likely to meet the definition of a fixture is

A) the urn.
B) the throw rug.
C) the tile floor.
D) all of the choices.

Question 41

Rafe signs a one-year lease for an apartment owned by Suki.Rafe is a student and needs the apartment only for two semesters,at the end of which he plans to sublet it for the rest of the term.Rafe's tenancy is

A) a periodic tenancy.
B) a license.
C) a tenancy by the entirety.
D) a fixed-term tenancy.

Question 42

A fundamental public policy reason for the adverse possession doctrine is

A) acquiring private property for public use.
B) giving notice to the public that a party owns certain property.
C) rewarding possessors for putting land to productive use.
D) warranting that certain property has no defects of title.

Question 43

Urban City wants to acquire undeveloped private land within the city limits to construct a public park.The city brings a condemnation proceeding to obtain title to the land.This is

A) the right to adverse possession.
B) an easement.
C) a profit.
D) the power of eminent domain.

Question 44

Bayside Inc.pays Coastal Marina to release its claim to a strip of waterfront property.Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip.This deed is

A) none of the choices.
B) a quitclaim deed.
C) a deed of quiet enjoyment.
D) a warranty deed.

Question 45

Logging Corporation has a right to go onto Mount Timber Company's land and harvest select trees.Logging's right is

A) a license.
B) an easement.
C) a profit.
D) a right to adverse possession.

Question 46

Managing the land within a community to encourage sustainable and organized development while controlling growth in a manner that serves the interests of the community is the purpose of

A) zoning laws.
B) adverse possession.
C) eminent domain.
D) inverse condemnation.

Question 47

Beck and Carli are married.Carli buys a condominium near Downhill Ski Resort.Beck and Carli each technically own an undivided one-half interest in the condo.This is

A) a joint tenancy.
B) community property.
C) a tenancy in common.
D) a license.

Question 48

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation.On the death of either owner,that owner's interest in the warehouse passes to the surviving owner.This is

A) a joint tenancy.
B) community property.
C) a tenancy in common.
D) a profit.

Question 49

Beryl owns Campus Apartment House.His ownership rights include the right to sell or give away the property without restriction,as well as to use the property for whatever purpose he sees fit.His ownership interest is

A) a fee simple absolute.
B) an easement.
C) the right to adverse possession.
D) the power of eminent domain.

Question 50

To widen a highway,the state of Ohio obtains,through a judicial proceeding,title to the individual lots in a residential neighborhood.A subsequent proceeding will determine

A) the fair value of the property.
B) how soon the former owners should vacate their property.
C) how wide the highway should be.
D) whether the planned highway would violate any zoning laws.

Question 51

Fifi,an independent contractor and technical writer,has a computer in her office.She has a copyright on her most recent work,Guide to Coding.Her tangible personal property includes

A) the computer.
B) the copyright.
C) the coding.
D) all of the choices.

Question 52

Italo owns one hundred acres of fertile bottomland.With respect to the land,Jana has an easement and Kessler has a profit.A right to possess the bottomland is owned by

A) Italo.
B) Jana.
C) Kessler.
D) all of the choices,in proportion to the value of their respective interests.

Question 53

Frank tells Gala that she can camp on Frank's beach and swim in his lake whenever she wants.With respect to the right to camp and swim,

A) Frank can withdraw or revoke the right.
B) Gala can exercise the right for the duration of her life.
C) Gala can pass title to the right to her heirs.
D) Gala can force her way into Frank's lake whenever she sees fit.

Question 54

To obtain the title to land without delivery of a deed,one person must possess the property of another

A) in an open,visible,and notorious manner.
B) in secret.
C) with or without interruption.
D) with the other's permission.

Question 55

Equipment Inc.and Freight Transport Inc.own adjacent land.Equipment's storage garage encroaches on Freight's property.After three decades,Freight files a suit against Equipment,seeking removal of the garage.Under the doctrine of adverse possession,the court is most likely to rule that

A) Equipment owns the property beneath the garage.
B) Equipment must remove the garage from Freight's land.
C) the parties are tenants in common of the land beneath the garage.
D) Equipment must pay rent to Freight but need not remove the garage.

Question 56

Sabine subdivides two acres into two residential lots.Only one of the lots has a well for water.Tamer and Ulrich each buy a lot-Ulrich's lot is the one without a well.Because Ulrich needs water,a profit arises by

A) easement.
B) implication.
C) adverse possession.
D) eminent domain.

Question 57

To transfer the title to Olivia's office building to Pete by deed requires

A) Pete's signature.
B) Olivia's signature.
C) all of the choices.
D) the signatures of the building's tenants.

Question 58

Angie voluntarily transfers her prize-winning horse Beaux to Cady without consideration.Provided all of the requirements are met,this is acquisition of property by

A) conversion.
B) production.
C) possession.
D) gift.

Question 59

Quarry Company owns a gravel pit next to land owned by Ridgeline Corporation.Access to the pit is limited to a road on Ridgeline's property.Quarry's right to drive its trucks on the road is

A) a profit.
B) an easement.
C) a right to adverse possession.
D) the power of eminent domain.

Question 60

Brick & Mortar Inc.signs a lease for a storefront owned by Commercial Properties Inc.The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals.This is

A) a periodic tenancy.
B) a fixed-term tenancy.
C) a license.
D) a tenancy by the entirety.

Question 61

Inadvertently,Brie loses her textbook during an afternoon in City Park.She eventually gives up any attempt to find it.The textbook will then most likely be considered

A) abandoned property.
B) converted property.
C) lost property.
D) mislaid property.

Question 62

Carrier Inc.agrees to pick up two truckloads of housewares for Discount Corporation and store the contents to be delivered later.After Carrier unloads the goods at its warehouse,some of them disappear from the loading dock.A court will presume that

A) Carrier was negligent.
B) Discount was negligent.
C) the goods were stolen through no fault of Carrier.
D) the warehouse is in a high-crime area.

Question 63

Delivery Inc.agrees to pick up a truckload of merchandise for Exporters Corporation and store the contents to be delivered later.Delivery's obligation to deliver the load to Exporters is most likely to be excused if the contents are

A) any of the choices.
B) lost through no fault of Delivery.
C) stolen through no fault of Delivery.
D) claimed by a third party with a superior claim.

Question 64

Buto buys a bus ticket at a window in the City Bus Depot before checking his backpack and boarding a bus.In this situation,the subject of a bailment is

A) Buto.
B) the backpack.
C) a seat on the bus.
D) none of the choices.

Question 65

All-Mart Discount Stores Corporation contracts to buy ten acres from Suburban Enterprises,Inc. ,as a site for a new store.The contract calls for a "warranty deed." According to a survey that All-Mart commissions,one corner of an adjacent,enclosed parking lot is on part of the property that Suburban is attempting to convey.Can All-Mart avoid the contract? If so,on what basis? If not,why not?

Question 66

At the end of a bailment,the basic responsibility of a bailee is to surrender the property to the bailor or

A) retain the property in anticipation of its future use,sale,or lease.
B) put the property to further productive use.
C) dispose of the property in accordance with the bailor's instructions.
D) deliver the property to another bailee to initiate a new bailment.

Question 67

Leo borrows Mae's car to drive Nina to the airport.Considering the purpose of the bailment,Leo has the right to

A) compensation from Nina.
B) reimbursement from Mae for any parking costs.
C) use the bailed property.
D) none of the choices.

Question 68

Earl buys a fishing license and goes fishing.He catches a trout,cleans it,cooks it,and eats it.Earl's acquisition of the trout is by

A) possession.
B) purchase.
C) gift.
D) production.

Question 69

Gene leaves her Honda Fit with In-Town Motors for routine maintenance.On its return,the interior of the car is greasy and the exterior is scratched and dented.Who suffers the loss and why?

Question 70

Slim owns cattle,a pick-up truck,and stock in Range Corporation,which owns and operates the Big R Ranch.Capable of being involved in a bailment is

A) the cattle,the truck,and the stock.
B) the Big R Ranch.
C) Slim.
D) all of the choices.

Question 71

After shopping at a Cut-Price store,Dyan finds a fitness watch in her bag of purchases that she knows she did not pay for.Dyan fails to return the watch to the store or to pay for it.This is acquisition of property by

A) possession.
B) conversion.
C) gift.
D) production.

Question 72

A court may use the identity of the party who receives a benefit from an ordinary bailment to determine,with respect to the bailed property,the standard of

A) negligence to be applied to the deal.
B) proof required to show loss or damage.
C) care required of the bailee.
D) quality expected by the bailee.