Deck 49: Real Property

Question 1

Joint tenancy is the term used to describe co-ownership of property by married couples.

Answer 1

False

Question 2

In most states, a broker cannot act as an agent for both buyer and seller unless both parties consent.

Answer 2

True

Question 3

An owner's interest in real property cannot occur without the owner's knowledge and consent.

Answer 3

False

Question 4

A buyer is protected from losses resulting from a defect in the title of property by title insurance.

Question 5

Under the U.S. Constitution, private property may only be taken by the government if the government plans to develop the property itself for a public use, such as for a school or a road.

Question 6

An owner cannot deprive landowners downstream of the use of the water by diverting it elsewhere.

Question 7

A title which has a lien on it would not be a marketable title.

Question 8

Which of the following refers to land and everything permanently attached to it?

A) Real property
B) Personal property
C) Absolute property
D) Listed property
E) Fee property

Question 9

A license is the temporary and irrevocable right to use another's property.

Question 10

Which of the following was the result in The Spur at Williams Brice Owners Association, Inc. v. Lalla, the case in the text in which a homeowners' association brought suit against an owner to enforce a restrictive covenant barring rentals to unrelated college students?

A) The court ruled that the covenant remained enforceable despite an economic change in conditions.
B) The court ruled that the agreement remained enforceable as there were other options available to the owners.
C) The court ruled that the covenant was not enforceable because the economic conditions had changed significantly, making the restrictive covenant unfair to the owners.
D) The court ruled that the covenant was not enforceable because it was unreasonable as to the parties.
E) The court ruled that the covenant was not enforceable because it was injurious to the public by reason of its effect on leasing in the area.

Question 11

Unreasonable zoning may constitute a constructive taking of property by the government.

Question 12

Restrictive covenants are promises to use or not use land in particular ways.

Question 13

A ceiling fan that was purchased at a local hardware store and then is attached to the ceiling becomes ________ to the property.

A) a feature
B) a fixture
C) an attachment
D) a mixture
E) an addition

Question 14

Rights in which a person has the right to remove the underground materials from another person's property is known as ________ rights.

A) subsurface
B) underground
C) earthly
D) neighbor
E) subterrestrial

Question 15

An easement and a license are the exact same.

Question 16

When financing for a property purchase is needed, financing is often obtained by going to a financial institution and obtaining a loan to pay for the property in exchange for which the lender receives a security interest in the property called a title.

Question 17

"Caveat emptor" requires certain disclosures to be made by the buyer to the seller about the condition of the property.

Question 18

Tenants can never sublease their property, however, the landlord can.

Question 19

Real property is commonly referred to as "realty."

Question 20

Which of the following statements is false regarding the extent of real property ownership rights?

A) A landowner's rights to property extend to airspace.
B) A landowner has water rights consisting of the legal use of water flowing across or underneath the property so long as landowners downstream are not deprived of water.
C) A landowner has mineral rights.
D) A landowner is prohibited from cutting branches of a neighbor's tree hanging over into the landowner's premises.
E) Interests in land range from temporary to permanent to future.

Question 21

In the hierarchy of estates, which is the least complete estate?

A) Conditional estate
B) Life estate
C) Leasehold estate
D) Future interest
E) Fee simple absolute

Question 22

Which of the following is the document that directs a condominium association?

A) Declaration of Covenants, Conditions and Restrictions
B) Agreement of Association Rights and Duties
C) Contract of Recognition and Association
D) Acknowledgement of Ownership and Restrictions
E) Condominium Governing Agreement

Question 23

If Walanda and Hassem own property together in equal shares, and upon Walanda's death the property goes to Hassem, this is an example of ________.

A) joint tenancy
B) conjoined tenancy
C) tenancy in common
D) life estate
E) split tenancy

Question 24

Which of the following is false regarding property interests in Vietnam?

A) The constitution asserts that the state owns all the land.
B) If an individual wants to use land, he or she must pay tax on it as a form of rent.
C) Transference of property can occur only with the approval of a state official.
D) A new owner can never be given a longer term of right or more extensive rights over the land than the original owner had.
E) The transferring owner determines the price for which property will be transferred.

Question 25

If a piece of property is divided and one portion is ________ as a result, an easement by necessity is created.

A) attached
B) appurtenant
C) landlocked
D) implicated
E) aligned

Question 26

In a[n] ________, the investor resident is a shareholder in the corporation that owns an apartment building and receives a permanent lease of one unit of the building upon acquiring stock.

A) Condominium
B) Unit investment
C) Association
D) Cooperative
E) Alignment

Question 27

An owner of a leasehold estates has a ________ but not an ________

A) Conditional interest: estate interest
B) life estate: possessory interest
C) possessory interest: ownership interest
D) ownership interest: future interest
E) possessory interest: future interest

Question 28

Which of the following statements is false regarding a condominium interest?

A) The holder has exclusive ownership rights of a unit within the condominium.
B) The holder shares joint tenancy with the other condominium owners over the land.
C) The holder has tenancy in common with the other condominium owners over the buildings and improvements of the common areas of the development.
D) The architecture and use of common areas are regulated by a condominium association.
E) The condominium association has the power to levy assessments against the unit owners for maintenance of common areas.

Question 29

Andre has permission to use Pauline's driveway to drive to the back part of Andre's corner lot. This interest would be considered a(n) ________.

A) Leasehold
B) Profit
C) Easement
D) Fixation
E) License

Question 30

Lewellyn contracts with Carnea to come and pick all the apples he wants and take them home. This is an example of a(n) ________

A) appurtenance
B) profit
C) easement
D) fixture
E) option contract

Question 31

The duration of one's ownership interest and the power one has over using the land depends on the type of ________ one is said to hold.

A) Condition
B) Estate
C) Tenancy
D) Dominion
E) Territory

Question 32

What occurs when the holder of a life estate uses the property in a way that reduces the value of the estate that a future holder will receive?

A) Waste
B) Remainder
C) Repercussions
D) Surplus
E) Residual impact

Question 33

The owner of a[n] ________ estate possesses the same interest as the owner of a fee simple absolute, only this interest is subject to a condition.

A) Conditional
B) Life
C) Leasehold
D) Future interest
E) Absolute

Question 34

An easement or profit is ________ when it runs with the land adjacent to the property on which it exists.

A) Express
B) Adjoining
C) In gross
D) Appurtenant
E) Prevailing

Question 35

Which of the following refers to a person's present right to future property ownership and possession?

A) Conditional estate
B) Life estate
C) Leasehold estate
D) Future interest
E) Fee simple absolute

Question 36

Of the co-ownership interests, which of the following is the most common?

A) Joint tenancy
B) True tenancy
C) Tenancy in common
D) Tenancy together
E) Tenancy by the entirety

Question 37

"To Geraldo for life" is an example of which type of estate?

A) Conditional
B) Life
C) Leasehold
D) Future interest
E) Fee simple absolute

Question 38

If a deed says, "John and Michelle as husband and wife" this would indicate which type of tenancy?

A) Joint tenancy
B) Cooperative tenancy
C) Tenancy in common
D) Marital tenancy
E) Tenancy by the entirety

Question 39

Easements or profits ________ are not dependent on owning property adjacent to the land on which the nonpossessory interest exists.

A) in access
B) Adherence
C) in gross
D) appurtenant
E) in attachment

Question 40

Valmar and Meline decide to divorce. The marital real property that they owned as tenants by the entirety now becomes ________

A) tenancy in common
B) plain joint tenancy
C) martial property
D) fee simple absolute in Valmar
E) it stays tenants by the entirety

Question 41

Which of the following refers to money that is provided by a potential purchaser and applied toward the purchase price of property if the sale goes through, but could be forfeited if the buyer changes his or her mind?

A) Earnest money
B) A down payment
C) Guaranteed funds
D) Good faith money
E) Proof money

Question 42

When a person takes ownership of property by treating a piece of real property as his or her own, without protest or permission from the owner, which of the following occurs?

A) Adverse title
B) Opposed possession
C) Unopposed possession
D) Adverse possession
E) Obtained title

Question 43

If Carlotta issues a ________ deed to Salem for her property, Carlotta simply conveys to Salem that she is conveying only the interest she owns.

A) quitclaim
B) special warranty
C) non-specific
D) general warranty
E) specific warranty

Question 44

Which of the following is the most commonly used deed?

A) Quitclaim deed
B) Special warranty deed
C) Warranty free deed
D) General warranty deed
E) Specific warranty deed

Question 45

[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her.
Which of the following would be the most likely result regarding David's claim to ownership of the house upon Oscar's death?

A) Regardless of the form of ownership held by Leona and Oscar, David would get the house because Oscar left all his property to David in his will.
B) Because of the form of ownership held by Leona and Oscar, the will could have conveyed the house to David only if the house was specifically mentioned; therefore, since the will simply referenced property, David would not get the house.
C) David would get the house as Oscar's child regardless of whether Oscar left it to him in the will.
D) David would get ownership of the house, but he would have a duty to allow Leona to live there the remainder of her life.
E) David would not receive the house upon Oscar's death because full ownership immediately passed to Leona.

Question 46

If you were purchasing a piece of property, which of the following would be the least desirable type of deed that you would want?

A) Quitclaim deed
B) Special warranty deed
C) Non-Specific deed
D) General warranty deed
E) Specific warranty deed

Question 47

When the Townsend Estates was being built, all land owners agreed to build 2,500 square foot homes with brick fronts. This is an example of a(n) ________.

A) good faith covenants
B) private owner agreements
C) neighborhood conformity requirement
D) restrictive covenants
E) neighborhood zoning ordinance

Question 48

In making a transfer by ________, deed the grantor is only making the promise that he or she has not done anything to lessen the value of the estate.

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific

Question 49

A ________ is an instrument that conveys real property from one owner to another.

A) Deed
B) Form of acknowledgment
C) Transfer
D) Right of way
E) Title

Question 50

If an official in a state certifies that they personally witnessed the signing of a deed by the parties and the parties produced evidence of who they say they are, this is known as ________.

A) acknowledgement
B) certification
C) notarization
D) authorization
E) presence

Question 51

The property owned by Margenthaler farms is taken by the city of Maroa against the protest of the Margenthaler family. This is known as ________

A) allocation
B) appropriation
C) condemnation
D) adverse possession
E) profiteering

Question 52

Which of the following refers to government restriction of property use?

A) Obligatory covenants
B) Public use agreements
C) Approved use requirements
D) Restrictive covenants
E) Zoning

Question 53

A[n] ________ account is an account maintained by a neutral third party into which a deposit on property is placed until all necessary steps for a transfer of property can be made.

A) Closing
B) Escrow
C) Accountable
D) Earnest
E) Back-up

Question 54

[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her.
Which of the following is true regarding a tenancy by the entirety?

A) It describes a form of co-ownership by married couples.
B) It describes a form of co-ownership by relatives, including married couples as well as brothers and sisters.
C) It is another name for tenants in common.
D) It is another name for joint tenancy.
E) It is a form of co-ownership still in existence in some states by which the husband has absolute control regarding any decisions made regarding improvement of the property.

Question 55

If a possessor is nonnegligent, acts in a good faith belief that they had title to property, what is the time frame needed to establish adverse possession in Japan?

A) 5 years
B) 7 years
C) 10 years
D) 20 years
E) Japan does not adhere to principals of adverse possession

Question 56

[Property Claims] Rayyan sells his home to Kayla and her mother, Bridget. The deed and documents of ownership held by Kayla and Bridget are written such that Kayla and Bridget may each sell or devise her interest in the property. Rayyan provides Kayla and Bridget with a general warranty deed. The deed and other documents of sale contain an easement giving Diego a right to cut across the property in order to obtain access to an adjoining lake. Diego had purchased the easement from Rayyan a few years earlier. After Kayla and Bridget moved in, they saw Diego cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Kayla told him that she was the new owner and that she was not accepting it. The next week Ann, the next door neighbor, came over to visit and told Kayla and Bridget that she actually owned a good bit of the yard that was conveyed to Kayla in her deed from Rayyan and that she would like to sell it to Bridget and Kayla. Ann explained that some years prior to Rayyan's ownership, she had purchased the property from a previous owner. It turns out that Ann had actually recorded her interest, but it had been inadvertently missed when the property was sold to Kayla and Bridget. Kayla calls Rayyan and tells him to straighten out the problem with Ann. Rayyan tells her that he is finished with the property and that all problems now belong to her and Bridget.
Who will likely win the dispute regarding whether Diego holds a valid easement?

A) Diego will likely win only if he told Kayla and Bridget about the easement before their purchase.
B) Diego will likely win regardless of whether he told Kayla and Bridget about the easement before their purchase.
C) Diego will likely win only if he can establish that he paid a fair price for the easement.
D) Diego will likely win only if he told Kayla and Bridget about the easement before their purchase, and if he can establish that he paid a fair price for the easement.
E) Bridget and Kayla will likely win because easements are terminated when property is sold.

Question 57

[Property Claims] Rayyan sells his home to Kayla and her mother, Bridget. The deed and documents of ownership held by Kayla and Bridget are written such that Kayla and Bridget may each sell or devise her interest in the property. Rayyan provides Kayla and Bridget with a general warranty deed. The deed and other documents of sale contain an easement giving Diego a right to cut across the property in order to obtain access to an adjoining lake. Diego had purchased the easement from Rayyan a few years earlier. After Kayla and Bridget moved in, they saw Diego cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Kayla told him that she was the new owner and that she was not accepting it. The next week Ann, the next door neighbor, came over to visit and told Kayla and Bridget that she actually owned a good bit of the yard that was conveyed to Kayla in her deed from Rayyan and that she would like to sell it to Bridget and Kayla. Ann explained that some years prior to Rayyan's ownership, she had purchased the property from a previous owner. It turns out that Ann had actually recorded her interest, but it had been inadvertently missed when the property was sold to Kayla and Bridget. Kayla calls Rayyan and tells him to straighten out the problem with Ann. Rayyan tells her that he is finished with the property and that all problems now belong to her and Bridget.
Which of the following is the most likely type of ownership held by Kayla and Bridget?

A) Joint tenancy
B) Tenancy in common
C) Tenancy by form
D) Tenancy by the entirety
E) Family tenancy

Question 58

[Property Claims] Rayyan sells his home to Kayla and her mother, Bridget. The deed and documents of ownership held by Kayla and Bridget are written such that Kayla and Bridget may each sell or devise her interest in the property. Rayyan provides Kayla and Bridget with a general warranty deed. The deed and other documents of sale contain an easement giving Diego a right to cut across the property in order to obtain access to an adjoining lake. Diego had purchased the easement from Rayyan a few years earlier. After Kayla and Bridget moved in, they saw Diego cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Kayla told him that she was the new owner and that she was not accepting it. The next week Ann, the next door neighbor, came over to visit and told Kayla and Bridget that she actually owned a good bit of the yard that was conveyed to Kayla in her deed from Rayyan and that she would like to sell it to Bridget and Kayla. Ann explained that some years prior to Rayyan's ownership, she had purchased the property from a previous owner. It turns out that Ann had actually recorded her interest, but it had been inadvertently missed when the property was sold to Kayla and Bridget. Kayla calls Rayyan and tells him to straighten out the problem with Ann. Rayyan tells her that he is finished with the property and that all problems now belong to her and Bridget.
Which of the following is true regarding Rayyan's statement that he has no obligation to be involved with the dispute with Alice?

A) He is correct but only because he was not the previous owner who allegedly transferred the interest to Ann.
B) He is correct but only if in addition to not being the transferor to Ann, he had no knowledge of any previous transfer to Ann.
C) He is correct.
D) He is incorrect, and his general warranty deed likely imposes upon him a duty to resolve the dispute involving Ann through proving her wrong, settling with her, or other means.
E) He is incorrect only if Ann was truly granted the property and is not engaged in fraud.

Question 59

The transfer of real property is initiated by the ________

A) acknowledgement of the sale
B) execution of the deed
C) registration of the deed
D) conveyance language in a deed
E) parties meeting with their attorneys

Question 60

Gillian and Hildabran are purchasing a house. They are at the title company where the acceptance, delivery, and transfer of title occurs. This is known as ________

A) the wrap-up
B) conclusory meeting
C) transfer meeting
D) the closing
E) finalization meeting

Question 61

[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures.
May Jaston remove the chandelier and take it with him?

A) No, since if there is nothing in writing that states otherwise, Jaston may not remove the chandelier and take it with him.
B) Yes, unless there is a writing that states Jaston cannot remove the chandelier.
C) No, lighting is always a fixture and cannot be removed and taken by the tenant.
D) No, items attached to real property are always fixtures and cannot be removed and taken by the tenant.
E) Yes, but only if the cost of the chandelier exceeded $5,000, then it is personal property.

Question 62

[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures.
May Jaston remove the dentist chairs and take them with him?

A) No, if there is nothing in writing that states otherwise, Jaston may not remove the dentist chairs and take them with him.
B) No, although they are used for Jaston's business, he may not remove them if the next lessee is also a dentist.
C) No, they are attached to the real property and cannot be removed and taken by the tenant.
D) Yes, because they can be easily removed and thus are not permanent fixtures to the property.
E) Yes, because they are trade fixtures.

Question 63

[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her.
Which of the following is true regarding Michelle's claim for the $10,000?

A) She has no interest in the house on which to base a claim.
B) She may obtain a lien on the house.
C) She can require that Mina pay it based on Mina's inheritance interest in the house.
D) She can require that David pay it based on David's inheritance interest in the house.
E) She can require that both David and Mina pay it based upon their inheritance interests in the house.

Question 64

[Family Dispute] When Leona and Oscar married, they both had children from previous marriages. After their marriage, Leona and Oscar purchased a home together as tenants by the entirety and lived there for many years. Oscar died when he was 93 and Leona was 95. Oscar's will left any property he owned to his son, David, who promptly told Leona that she needed to get out of the house. Leona told him to forget it. Leona died a week later. Her will left everything she owned to her daughter, Mina, who moved in the home and refuses to leave. Michelle, who had loaned Oscar $10,000, has filed a claim against any heir of Oscar or Leona, including David and Mina, claiming an interest in the home to satisfy the debt Oscar owed her.
Which of the following would be the most likely result regarding Mina's claim to the house?

A) She receives all her mother's things including the house.
B) Because of the form of ownership previously held by Leona and Oscar, she only receives a portion of the ownership of the house with the remainder being held by any other children of Leona or Oscar, including David.
C) She receives only a life estate with the remainder going to David when she dies.
D) She does not receive anything because the entire title had already passed to David.
E) She must provide David with a one-half interest in the house only because her mother did not live longer than 6 months following the death of Oscar.

Question 65

[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures.
Is Jaston responsible for the missing portion of rent payments?

A) No, because there was an agreement between Jaston and the therapist.
B) No, unless the amount of the payment is over $500.
C) No, unless the amount of the payment is over $5000.
D) Yes, because the initial tenant is liable for rent payments throughout the entire term of the lease.
E) Yes, because Jaston failed to place the landlord on notice of the sublease.

Question 66

[Disgruntled Buyer] Ciaran lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Luisa. He did not tell her anything about the problems with the house. Shortly after Luisa moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Luisa demanded that Ciaran refund her purchase price and take back the house. Ciaran sent her a letter providing as follows:
Dear Luisa,
Caveat emptor. You have marketable title.
Regards, Ciaran
Luisa is furious and wants to sue.
What does the term "caveat emptor" mean?

A) Let the seller beware.
B) The buyer was negligent.
C) The buyer was unintelligent.
D) Title has passed.
E) Let the buyer beware.

Question 67

[Disgruntled Buyer] Ciaran lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Luisa. He did not tell her anything about the problems with the house. Shortly after Luisa moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Luisa demanded that Ciaran refund her purchase price and take back the house. Ciaran sent her a letter providing as follows:
Dear Luisa,
Caveat emptor. You have marketable title.
Regards, Ciaran
Luisa is furious and wants to sue.
Which of the following is meant by Ciaran's statement that Luisa has marketable title?

A) That all taxes have been paid.
B) That she has legal title and that there are no liens or restrictions on the property of which she is unaware.
C) That Luisa has the legal title, not Ciaran, and that she, therefore, has responsibility for all repair.
D) That all taxes have been paid, that Luisa (not Ciaran) has legal title and has responsibility for all repairs, and that there are no liens or restrictions on the property.
E) That all taxes have been paid and that there are no liens or restrictions on the property, but not that Luisa has legal title.

Question 68

[Majestic Mansion] Akira inherited her family's mansion in the mountains from her grandmother. Akira lives in the mansion with her sister, Kitara. Their grandmother's will states that Akira inherits the mansion so long as she does not alter the exterior, and if she did, the mansion would belong to the historical society. The will also states that Kitara can live in the mansion for the rest of her life. Akira decides to place an addition on the mansion, and she knocks down one side of the building to add a modern-style wing. Akira's sister, Kitara, is upset that their grandmother left the mansion to Akira, and, when she discovers the construction, she tells Akira that Akira is no longer the owner of the mansion.
Is Kitara correct that Akira no longer owns the mansion?

A) No, unless she owned the mansion as a fee simple absolute.
B) No, she cannot lose the property simply because she made a change to it.
C) No, unless the title of the property states otherwise.
D) Yes, because she owns a life estate.
E) Yes, Akira's interest in the mansion terminated when she added the modern wing because a prohibited event occurred.

Question 69

[Cottage in the Woods] When Gil's father died, Gil received a life estate for the family's cottage in the woods. According to his father's will, upon Gil's death, the cottage is to become the property of Gil's much younger step-brother Max. Gil lived at the cottage for many years after his father's death. One day, Max went to visit Gil to check on the property that he would someday own, and noticed that the cottage was in disrepair. The roof leaked, it was infested with mice and termites, and there was water damage in the basement. Max tells Gil to fix the property, but Gil refuses saying that he can let the property deteriorate as much as he wants.
What type of legal action, if any, can Max bring against Gil?

A) Max can bring an action for misuse of property.
B) Max can bring an action for waste, but only if he can prove Gil's failure to maintain the property was intentional.
C) Max can bring an action for negligence.
D) Max can bring an action for waste.
E) Max has no legal recourse against Gil as Max is not an owner of the property.

Question 70

[Disgruntled Buyer] Ciaran lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Luisa. He did not tell her anything about the problems with the house. Shortly after Luisa moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Luisa demanded that Ciaran refund her purchase price and take back the house. Ciaran sent her a letter providing as follows:
Dear Luisa,
Caveat emptor. You have marketable title.
Regards, Ciaran
Luisa is furious and wants to sue.
Which of the following best describes any duty Ciaran owed to Luisa prior to the sale?

A) In most states, Ciaran only had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property.
B) In most states, Ciaran had a duty to warn Luisa about any defects in the property regardless of whether they could have been discovered through a thorough examination of the property.
C) In most states, Ciaran had a duty to warn Luisa about any defects he knew about that a reasonable buyer would not have been able to discover through a thorough examination of the property and that materially affected the value of the property.
D) In most states, Ciaran had no duty to warn Luisa of anything.
E) In most states, Ciaran had no duty to warn Luisa of anything so long as she had her own home inspection done.

Question 71

Under which of the following circumstances would a landlord be permitted to enter the leased property during the term of a lease?

A) The landlord is allowed to enter the leased property only in emergency situations.
B) The landlord is allowed to enter the leased property in an emergency, when the tenant have given permission to make repairs, or near the end of the leasehold for the purpose of showing the property to a potential new tenant.
C) The landlord is allowed to enter the leased property in an emergency, when the tenant have given permission to make repairs, with a certified contractor for the purpose of refurbishing the property, or near the end of the leasehold for the purpose of showing the property to a potential new tenant.
D) The landlord is allowed to enter the leased property in an emergency or with a certified contractor to make necessary repairs.
E) A lease cannot exclude a landlord from having access to the property during the term of the lease.

Question 72

[Majestic Mansion] Akira inherited her family's mansion in the mountains from her grandmother. Akira lives in the mansion with her sister, Kitara. Their grandmother's will states that Akira inherits the mansion so long as she does not alter the exterior, and if she did, the mansion would belong to the historical society. The will also states that Kitara can live in the mansion for the rest of her life. Akira decides to place an addition on the mansion, and she knocks down one side of the building to add a modern-style wing. Akira's sister, Kitara, is upset that their grandmother left the mansion to Akira, and, when she discovers the construction, she tells Akira that Akira is no longer the owner of the mansion.
What type of ownership interest does Akira have in the mansion?

A) Fee Simple Absolute.
B) Conditional Estate
C) Life Estate.
D) Simple Estate.
E) Simple Conditional Estate.

Question 73

[Cottage in the Woods] When Gil's father died, Gil received a life estate for the family's cottage in the woods. According to his father's will, upon Gil's death, the cottage is to become the property of Gil's much younger step-brother Max. Gil lived at the cottage for many years after his father's death. One day, Max went to visit Gil to check on the property that he would someday own, and noticed that the cottage was in disrepair. The roof leaked, it was infested with mice and termites, and there was water damage in the basement. Max tells Gil to fix the property, but Gil refuses saying that he can let the property deteriorate as much as he wants.
What type of interest, if any, does Max have in the property?

A) A future interest.
B) A future estate.
C) A life estate.
D) A future life estate.
E) Max does not yet have an interest in the property.

Question 74

[Cottage in the Woods] When Gil's father died, Gil received a life estate for the family's cottage in the woods. According to his father's will, upon Gil's death, the cottage is to become the property of Gil's much younger step-brother Max. Gil lived at the cottage for many years after his father's death. One day, Max went to visit Gil to check on the property that he would someday own, and noticed that the cottage was in disrepair. The roof leaked, it was infested with mice and termites, and there was water damage in the basement. Max tells Gil to fix the property, but Gil refuses saying that he can let the property deteriorate as much as he wants.
Does Max have any legal recourse to prevent the property from deteriorating?

A) No, Max does not own the property.
B) No, because Gil has possession of the property.
C) Yes, as a future owner, Max can bring legal action to recover damages.
D) Yes, as a future owner, Max may hire contractors to make the repairs but only if he pays for the repairs.
E) Yes, as a future owner, Max may hire contractors to make the repairs and Gil must pay for the repairs.

Question 75

John owns property in fee simple absolute which contains a public easement next to a creek. The easement has poor drainage, and a construction company fixing drainage to the adjacent property wants to dump a load of soil in the area of the easement, which would also benefit John's property. May the company dump the soil on the public easement?

A) No, only the fee owner or the city can alter property of the easement.
B) No, only the city can alter property of the easement.
C) No, only the fee owner can alter property of the easement.
D) Yes, since it is a public easement.
E) Yes, so long as it does not injure John's property.

Question 76

Rashon owns property next to Jenny's property and he has an easement to use her property. What type of easement does Rashon own?

A) Easement in gross.
B) Easement appurtenant.
C) Non-possessory easement.
D) Either an easement appurtenant or a non-possessory easement.
E) Either an easement appurtenant or an easement in gross.

Question 77

[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures.
Did Jaston violate the lease agreement by subleasing the property without permission?

A) No, a tenant is always allowed to sublease property as long as payment of rent is timely and complete.
B) No, a tenant who rents commercial property may sublease property without the landlord's permission.
C) No, unless subleasing was specifically prohibited by the lease.
D) Yes, unlike residential tenants, commercial tenants must have the landlord's written permission to sublease any portion of property.
E) Yes, a tenant must have the landlord's permission to sublease property.

Question 78

[Majestic Mansion] Akira inherited her family's mansion in the mountains from her grandmother. Akira lives in the mansion with her sister, Kitara. Their grandmother's will states that Akira inherits the mansion so long as she does not alter the exterior, and if she did, the mansion would belong to the historical society. The will also states that Kitara can live in the mansion for the rest of her life. Akira decides to place an addition on the mansion, and she knocks down one side of the building to add a modern-style wing. Akira's sister, Kitara, is upset that their grandmother left the mansion to Akira, and, when she discovers the construction, she tells Akira that Akira is no longer the owner of the mansion.
Who is the rightful owner of the mansion?

A) The local historical society
B) Akira, because she has possession.
C) Akira's grandmother.
D) Kitara.
E) Akira because she has a fee simple absolute interest.

Question 79

Creden follows all procedural steps in conveying his property to Adam. However, the deed does not state what type of interest is transferred to Adam. Adam claims he has a fee simple absolute, but Creden says it is a life estate because they agreed that he could only have it until he died? What type of estate does Adam own?

A) Fee simple absolute, if that was what Creden had owned.
B) A conditional estate, since there is a discrepancy.
C) A life estate, if that is what they agreed upon.
D) Fee simple absolute is presumed, since the deed does not state otherwise.
E) Either a fee simple absolute or a life estate.

Question 80

Kendall, who just moved into his new farm, notices his neighbor comes onto Kendall's property every Sunday morning, goes fishing at the lake, and picks apples from Kendall's apple tree. Kendall is aware that the neighbor has an easement to cross his property to access the lake, but the neighbor tells Kendall he can take as many apples as he wants. Is the neighbor correct?

A) Yes, an easement is an irrevocable right to use another's land.
B) Yes, but only if the easement was properly recorded.
C) Yes, but only if the apple trees are part of the land included in the easement.
D) No, although the easement gives the neighbor a right to use the land, he cannot take as many apples as he wants.
E) No, although the easement gives the neighbor a right to use the land, he cannot take anything from it.