Deck 13: Law of Property: Real and Personal

Question 1

A fixture will not be considered as a part of the realty when .

A) the fixture is permanently attached to the realty
B) the parties value the fixture to be worth less than $500
C) the fixture is affixed in conjunction with the lease of a property for a business
D) the parties have agreed in writing to treat that fixture as personal property

Answer 1

D

Question 2

What is a fixture? In a landlord-tenant relationship, who has the right to a fixture when the lease expires or the tenant otherwise leaves the leased property?

Answer 2

An item that is initially a piece of personal property but is later attached permanently to the realty is known as a fixture and is treated as part of the realty. Thus, if a person rents another's property and installs a built-in microwave oven, the oven is a fixture and becomes part of the realty. The tenant may not remove the oven when he or she leaves. There are two exceptions to this rule. First, the parties may agree that specific fixtures will be treated as personal property. To be enforceable, such an agreement must be in writing. The second exception is for trade fixtures. A trade fixture is a piece of personal property that is affixed to realty in conjunction with the lease of a property for a business. When an entrepreneur opens an ice cream parlor in a leased building, the freezers he or she installs are trade fixtures. These are treated as personal property because of a presumption that neither party intends such fixtures to become a permanent part of the realty. The businessperson will need the freezers at any new location, and new business tenants will have different needs.

Question 3

Personal property is land and everything permanently attached to it.

Answer 3

False

Question 4

Alex leases property from Sandra for business. Alex opens a hardware repair shop in this property. He affixes welding equipment to the property. After a period of time, Alex decides to move his business to a different location. Which of the following statements is true of this scenario?

A) Alex may not move the welding equipment, as it is now Sandra's property.
B) Alex may move the welding equipment only if a written agreement states that the parties will treat the welding equipment as his personal property.
C) Alex may not move the welding equipment, as it is essential to the functioning of the structure.
D) Alex may move the welding equipment, as the welding equipment is a trade fixture.

Question 5

Which of the following estates is the most complete estate?

A) easement
B) life estate
C) fee simple absolute
D) leasehold estate

Question 6

Water rights to land are restricted in that one cannot divert water flowing across the property in such a manner as to deprive landowners downstream of the use of water from the stream.

Question 7

Which of the following is a fixture?

A) a portable television set left behind by the tenant
B) a built-in microwave oven installed by the tenant
C) clothing left behind by the tenant
D) the back yard of a residence that is a part of the original structure

Question 8

Mary owns a farm. She has the right to use it for any legal purpose but must grow a certain quantity of wheat on it every year. If she fails to grow this quantity of wheat, her right to that land terminates. Which of the following interests in real property does Mary have?

A) easement
B) conditional estate
C) life estate
D) fee simple absolute

Question 9

interest provides the right to own and possess land against all others, without any conditions.

A) Fee simple absolute
B) Conditional estate
C) Life estate
D) Easement

Question 10

Matthew owns a ranch. He has the right to own and possess that land until his death. When he dies, the ranch will pass to his heirs. Which of the following interests in real property does Matthew have?

A) easement
B) future interest
C) leasehold estate
D) fee simple absolute

Question 11

Which of the following statements is true of a conditional estate?

A) It is the present right to own and possess the land in the future.
B) When a person's interest terminates, the interest must be transferred to the former owner.
C) It can be set up so that failure to meet a condition terminates the estate.
D) It is the right to own and possess land until one dies, subject to the condition that the property cannot be used in such a way as to destroy its value.

Question 12

Ownership of land usually includes the land below the surface.

Question 13

An item that is initially a piece of personal property but is later attached permanently to the realty is known as a fixture.

Question 14

Discuss the various estates in land.

Question 15

Trade fixtures are treated as personal, not real, property because of a presumption that neither party intends such fixtures to become a permanent part of the realty.

Question 16

Which of the following statements is true of the extent of ownership of land?

A) A landowner is legally entitled only to 500 ft of airspace above his or her land.
B) A landowner has to obtain mineral rights separately from the government.
C) A landowner may sell mineral rights to another person.
D) A landowner has unrestricted rights to use the water flowing across or underneath one's property.

Question 17

Which of the following statements is true about fixtures?

A) Freestanding appliances are considered to be fixtures.
B) An item that is not permanently affixed to the land cannot be considered as a fixture.
C) If a tenant attaches an item permanently to the realty, it is no longer the personal property of the tenant.
D) When a trade fixture is attached to the realty, it is no longer the personal property of the business tenant.

Question 18

Property rights are static.

Question 19

Discuss whether ownership of land includes the air, water and mineral rights associated with the land.

Question 20

William owns a life estate in a farm. On his death, fee simple absolute ownership of the land will pass to James. Which of the following interests in real property does James have?

A) an easement
B) a life estate
C) a future interest
D) a leasehold estate

Question 21

Which of the following statements is true about easements?

A) One who has an easement is entitled to exclude all others, including the property owner for the period of the agreement.
B) One who has an easement is entitled to use the property for any legal purpose that does not destroy the property's value.
C) An easement by prescription arises when the landowner enters into a contract to allow the land to be used for a specific purpose.
D) An easement by necessity arises when a piece of property is divided and, as a result, one portion is landlocked.

Question 22

A(n) is a contract that transfers possessory interest in a property from the owner to the tenant.

A) lease
B) license
C) accession
D) fee tail

Question 23

Which of the following is the best example of an easement?

A) Thelma has the right to receive Jane's property when she dies.
B) Dark Power Company has the right to run power lines across Jane's property.
C) Royal Blue hotel temporarily allows Ralph to stay on their property.
D) Jane acquires stock in the corporation that owns an apartment and obtains a permanent lease on one unit.

Question 24

Simon owns a property. He may not destroy its value to future holders. After his death, the property will pass to Rachel. Which of the following interests in real property does Rachel have?

A) life estate
B) future interest
C) conditional estate
D) fee simple absolute

Question 25

Kathy's property is landlocked. The only possible route to her property crosses George's farm. Which of the following property interests provides Kathy the right to use George's property?

A) conditional estate
B) easement by necessity
C) easement by prescription
D) leasehold interest

Question 26

A interest provides the right to own and possess the land until one dies, but forbids the owner from using the property in such a way as to destroy its value to future holders.

A) fee simple absolute
B) life estate
C) future interest
D) conditional estate

Question 27

In which of the following types of ownership is the ownership interest divided among the other owners upon an owner's death?

A) joint tenancy
B) tenancy in common
C) tenancy by the entirety
D) fee simple absolute

Question 28

Which of the following statements is true about tenancy in common?

A) All of the co-owners must own equal shares of the property.
B) Upon the death of an owner, his or her property interest is divided among the other owners.
C) The owners' interests in the property cannot be attached by creditors.
D) An owner may sell his or her interest in the property without the consent of the other owners.

Question 29

Which of the following is a feature of a leasehold?

A) It is an ownership interest.
B) It is the present right to possess and own land in the future.
C) The person who has a leasehold is entitled to use the property until a certain condition occurs.
D) The person who has a leasehold is usually entitled to exclude the property owner for the period of the lease.

Question 30

Which of the following statements is true about joint tenancy?

A) All the co-owners own equal shares of the property.
B) Upon the death of the tenant, his or her heirs receive the property interest.
C) An owner may not sell his or her shares in the interest without the consent of the other owners.
D) Owners' interest in the property cannot be attached by creditors.

Question 31

Debra owns a farm. She has the right to own and possess the farm until her death. She is not allowed to waste the property, and she cannot use the property in such a way as to destroy its value to future holders. Which of the following interests in real property does Debra have?

A) fee simple absolute
B) conditional estate
C) life estate
D) future interest

Question 32

Charlie owns a building. He enters into a contract with Atlas Inc. that allows it to place a cell phone tower on top of his building. Which of the following interests in real property does Atlas Inc. have?

A) leasehold estate
B) easement by express agreement
C) conditional estate
D) license

Question 33

A(n) exists only when co-owners are a married couple.

A) tenancy in common
B) tenancy by the entirety
C) joint tenancy
D) easement by prescription

Question 34

Which of the following types of ownership allows co-owners to have unequal shares?

A) joint tenancy
B) tenancy in common
C) periodic tenancy
D) tenancy at will

Question 35

In which of the following types of ownership does the ownership interest transfer to a person's heirs upon his or her death?

A) joint tenancy
B) tenancy in common
C) tenancy by the entirety
D) life estate

Question 36

An easement by prescription arises when .

A) one openly uses a portion of another's property for a statutory period of time
B) a piece of property is divided and, as a result, one portion is landlocked
C) the landowner expressly agrees to allow the holder of the easement to use the land in question
D) the landowner transfers possessory interest for an agreed-upon period

Question 37

A(n) is an interest in real property that provides the public a temporary right to enter a business for the purpose of purchasing goods or services.

A) license
B) leasehold
C) conditional estate
D) easement

Question 38

Which of the following statements is true of tenancy by the entirety?

A) Upon the death of an owner, his or her property interest is divided among the other owners.
B) Upon divorce, tenancy by the entirety automatically becomes tenancy in common.
C) Owners may sell their interest in the property without the consent of the other owners.
D) Creditors of only one owner may attach the property.

Question 39

In which of the following cases does an easement by prescription arise?

A) The state acquires a person's property through condemnation.
B) A power company enters into a written agreement to lay cables under one's front yard.
C) A neighborhood family openly uses another's back yard as a short cut to the beach every day for 25 years.
D) A person leases out his garage for the purpose of storing furniture.

Question 40

In which of the following types of ownership is the ownership interest transferred to an owner's spouse upon his or her death?

A) joint tenancy
B) tenancy in common
C) tenancy by the entirety
D) fee simple absolute

Question 41

A conveyance of ownership is presumed to be the conveyance of a fee simple absolute unless something to the contrary is stated.

Question 42

Which of the following is not a requirement of adverse possession?

A) possessor openly treats the realty as his or her own
B) possessor pays valuable consideration for the realty
C) no protest or permission from the real owner
D) compliance with statutorily prescribed period of time

Question 43

Explain the rights of the owners and the association in a condominium ownership interest.

Question 44

A is a deed that simply transfers to the grantee the interest that the grantor owns in the property.

A) general warranty deed
B) bargain and sale deed
C) quitclaim deed
D) deed of trust

Question 45

Which of the following is the first step in the conveyance of property?

A) acceptance of the deed by the grantee
B) delivery of the deed
C) execution of the deed
D) recording of the deed

Question 46

What are the characteristics of a properly drafted deed?

Question 47

In a leasehold estate, a tenant may move out of the property and sublease it to another party unless prohibited by the lease.

Question 48

Only when a deed has been is the deed said to have been executed.

A) signed by the grantor and the grantee
B) delivered to the grantee or to a predetermined third party
C) accepted by the grantee
D) filed with the appropriate county office

Question 49

is acquiring ownership of realty by openly treating it as one's own, with neither protest nor permission from the real owner, for a statutorily established period of time.

A) Adverse possession
B) Adverse regression
C) Reverse possession
D) Reverse regression

Question 50

A tenant's right to occupy property in a co-ownership varies with the type of tenancy.

Question 51

Which of the following does the covenant of further assurances promise?

A) The owner has included all the required covenants in the deed.
B) There are no easements on the property being conveyed.
C) The grantor will provide the grantee with any additional documents that the grantee may require to perfect his or her title to the property.
D) The grantee will grant an easement by necessity to the grantor if it is required for the grantor to access his or her property.

Question 52

In the context of condominiums, "CC&Rs" refers to .

A) commercial codes and regulations
B) conventional contracts and releases
C) covenants, conditions, and restrictions
D) a cooperative's credit and restitution documents

Question 53

Recording is essential for the transfer of ownership.

Question 54

Which of the following does the covenant of quiet enjoyment promise?

A) The property is reasonably free of loud noises.
B) The grantor will defend the grantee's title if it is challenged.
C) The property is free of easements and covenants.
D) The grantees will own the property as tenants by the entirety.

Question 55

The owner acquires all the buildings in a condominium ownership interest.

Question 56

Explain the rights of a landlord and a tenant in a leasehold estate.

Question 57

Which of the following does the covenant of seisin promise?

A) The grantor owns the interest that he or she is conveying.
B) The grantor controls an easement in the property he or she is conveying.
C) The grantor owns a conditional estate in the land.
D) The grantor has complied with all CC&Rs.

Question 58

Which of the following is the final step in the conveyance of property?

A) acceptance of the deed
B) delivery of the deed
C) execution of the deed
D) recording of the deed

Question 59

The county office in which recordings of property transfer are to be filed varies by state.

Question 60

Which of the following is a feature of tenancy by the entirety?

A) One owner is not permitted to sell his or her interest in the property without the consent of the other owner.
B) Upon divorce, tenancy by the entirety automatically becomes joint tenancy.
C) Upon the death of an owner, his or her property is divided among the other owners.
D) All the owners' interest in the property can be attached by one of the owners' creditors.

Question 61

Which of the following is an unlawful and unenforceable restrictive covenant?

A) a promise to never construct an apartment building on the property
B) a promise to never sell the land to any person born in China
C) a promise to always use the land for growing cotton
D) a promise to never construct a swimming pool on the property

Question 62

For adverse possession to occur, some states require that the adverse possessor has taken possession of the land "under of title," that is, thinking that he or she was the lawful possessor of the land.

A) cloud
B) condition subsequent
C) color
D) condition precedent

Question 63

Which clause of the U.S. Constitution permits the government to exercise the power of eminent domain?

A) Takings
B) Equal Protection
C) Commerce
D) Privileges and Immunities

Question 64

Eminent domain is the right of the government to transfer private property from one business to another.

Question 65

is the constitutional right of the government to take private property, upon the payment of just compensation, for a purpose that will benefit the general welfare.

A) Sovereign immunity
B) Adverse possession
C) Eminent domain
D) Easement by prescription

Question 66

is a process by which the government acquires the ownership of private property for a public use over the protest of the owner of the property.

A) Condemnation
B) Adverse possession
C) Ratification
D) Reverse possession

Question 67

Zoning that totally destroys the economic value of a property holder's land is considered a constructive taking of the property.

Question 68

In all states, adverse possession is permitted only if the person thinks that he or she was the lawful possessor of the land.

Question 69

A is permission to use a piece of land in a manner prohibited by the zoning laws.

A) variance
B) continuance
C) grievance
D) nuisance

Question 70

is the restriction of the use of property to allow for the orderly growth and development of a community and to protect the health, safety, and welfare of its citizens.

A) Zoning
B) Eminent domain
C) Adverse possession
D) Variance

Question 71

A community often allows a nonconforming use of a particular property to remain when the zoning of an area changes.

Question 72

Which of the following is an incorrect statement regarding zoning?

A) Zoning may restrict the type of use to which land may be put, such as residential or commercial.
B) Zoning may regulate land use in geographic areas on the basis of the size of buildings.
C) Zoning may regulate land use in geographic areas on the basis of the placement of buildings.
D) Zoning is preserved and promoted through the use of variances.

Question 73

Which of the following is an incorrect statement regarding zoning?

A) It allows for the orderly growth and development of a community.
B) It protects the health of citizens.
C) It protects the safety of citizens.
D) It allows for the unrestricted growth of business in a community.

Question 74

Restrictive covenants may be placed in CC&Rs and enforced by a homeowners' association.

Question 75

Zoning is allowed under the power of the state.

A) interstate commerce
B) police
C) intrastate commerce
D) takings

Question 76

A(n) is a promise by an owner, usually contained in the deed, to use or not use a piece of land in a particular way.

A) easement by prescription
B) quitclaim deed
C) restrictive covenant
D) equitable interest

Question 77

Which of the following is a correct statement regarding a restrictive covenant not to construct buildings higher than three stories and a restrictive covenant never to convey property to minorities?

A) Both the restrictive covenant not to construct buildings higher than three stories and the restrictive covenant never to convey property to minorities are illegal.
B) The restrictive covenant not to construct buildings higher than three stories is legal, while the restrictive covenant never to convey property to minorities is illegal.
C) The restrictive covenant never to convey property to minorities is legal, while the restrictive covenant not to construct buildings higher than three stories is illegal.
D) Both the restrictive covenant not to construct buildings higher than three stories and the restrictive covenant never to convey property to minorities are legal.

Question 78

How did the Supreme Court ruling in the Susan Kelo et al., Petitioners, v. City of New London, Connecticut, et al. (Kelo) case influence the government's ability to exercise eminent domain?

Question 79

Discuss the consequences of the Michigan State Supreme Court case of Poletown Neighborhood Council v. City of Detroit and the Detroit Economic Development Corporation.

Question 80

Acquiring ownership of realty by openly treating it as one's own, with neither protest nor permission from the real owner, for a statutorily established period of time is called condemnation.