Deck 48: Real Property

Question 1

Liens on land may be created voluntarily by the owner of land or involuntarily against the wishes of the owner.

Answer 1

True

Question 2

A license runs with the land and cannot be terminated at the will of the licensor.

Answer 2

False

Question 3

A landowner is not under any duty to warn of dangers or to make the premises safe to protect the trespasser from harm.

Answer 3

True

Question 4

Real property includes land and all fixtures.

Question 5

Landowners owe no duty to licensees to warn of nonobvious dangers on their land.

Question 6

Personal property that has become a fixture no longer exists as personal property.

Question 7

An easement by prescription is created by an adverse or contrary use of the true owner's land for a statutory period.

Question 8

An oral promise to create an easement is not binding because of the statute of frauds.

Question 9

Machinery and equipment that is movable is ordinarily held not to be fixtures even though it is necessary to unbolt them from the floor or disconnect electrical wires.

Question 10

A prescription is a right to use another's property that belongs to the land that is benefited.

Question 11

A fixture is personal property that has been so attached to realty that removing it would cause damage.

Question 12

Land extends downward to the earth's center and upward indefinitely.

Question 13

The attractive nuisance rule is a defense for landowners when children trespassers are injured. Small children are afforded additional protection against the trespass rule through the "attractive nuisance" doctrine.

Question 14

If the parties involved agree that personal property will be considered a fixture, it will be deemed to be a fixture without the application of legal tests.

Question 15

A fee simple defeasible is an interest that gives the grantee all the rights of a fee simple subject to compliance with certain restrictions.

Question 16

The right to cut firewood from another's property would constitute a profit.

Question 17

Like an easement, a license is a revocable interest in the land of another.

Question 18

A trade fixture is a fixture that is traded in by the owner when purchasing new fixtures.

Question 19

An estate in fee simple grants ownership in property for a specific period of time.

Question 20

An easement by implication arises when one conveys a portion the land that has been used as a dominant estate in relation to the part retained.

Question 21

In a mortgage assumption, both the original mortgagor and the transferee are liable, and the property is subject to foreclosure by the mortgagee in the event the payments are not made.

Question 22

A(n) _____ is personal property that is attached to the earth or placed in a building in such a way that it is deemed part of the real property.

A) asset.
B) estate.
C) easement.
D) fixture.

Question 23

All of the following statements about fixtures are correct, except: ______.

A) Personal property may become a fixture by annexation to the realty.
B) Personal property may become a fixture by adaptation to the realty.
C) Personal property may become a fixture based on the intent of the person affixing the personal property to the realty.
D) Personal property that is readily removable from the realty is generally a fixture.

Question 24

A __________ is a combination of co-ownership and individual ownership.

A) cooperative
B) residential lease
C) commercial lease
D) condominium

Question 25

A quitclaim deed must specify what interest is being transferred in order to be valid.

Question 26

Today, real property includes all of the following except: ______.

A) waters on the ground.
B) shrubs, grass and tress.
C) minerals under the land.
D) the air above the land.

Question 27

Characteristics of the fee simple estate include all of the following except the estate ______.

A) is alienable during life.
B) is not subject to rights of the owner's surviving spouse.
C) is alienable by will.
D) can be attached or used to satisfy the owner's debts before or after the owner's death.

Question 28

A condominium is a combination of co-ownership and individual ownership.

Question 29

An unrecorded mortgage is not valid and binding between the parties.

Question 30

A landowner owes a duty to a(n) ______to take reasonable steps to discover any danger and a corresponding duty to warn the party of, or correct, the discovered danger.

A) trespasser
B) licensee
C) invitee
D) guest

Question 31

Under race statutes, the first party to record the deed holds title to land.

Question 32

A landowner owes which of the following duties to a trespasser?

A) The duty to refrain from causing intentional harm once the presence of the trespasser is known.
B) The duty to warn the trespasser of known dangers existing on the premises.
C) The duty to make the premises safe to protect the trespasser from harm.
D) The duty to warn the trespasser of unknown dangers existing on the premises.

Question 33

In general, any form of property that may be sold or conveyed may be mortgaged.

Question 34

Small children who trespass on land may be owed a special duty of care based on the doctrine of: ______.

A) caveat emptor.
B) res ipsa loquitur.
C) comparative negligence.
D) attractive nuisance.

Question 35

A deed is not effective to pass title unless it is properly recorded.

Question 36

Legal title to land may be acquired by adverse possession, even though the possessor originally had no right to use or possess the property.

Question 37

A deed is not necessary to transfer title to land when the land is a gift.

Question 38

A condominium and a cooperative are essentially the same.

Question 39

A personal, revocable privilege to perform an act or series of acts upon the land of another is called a(n): ______.

A) easement.
B) tenement.
C) license.
D) lien.

Question 40

Equipment attached to a rented building by a tenant and used in business is: ______.

A) called a trade fixture.
B) called a business fixture.
C) called a commercial fixture.
D) not a fixture.

Question 41

A guarantee that the grantor owns the estate conveyed is called a covenant: ______.

A) of right to convey.
B) against encumbrances.
C) of quiet enjoyment.
D) of seisin.

Question 42

A _________ passes with the land so that whoever owns the land is bound by or entitled to the benefit of the covenant.

A) covenant of seisin.
B) covenant of further assurances.
C) covenant of quiet enjoyment.
D) limited covenant.

Question 43

What type of deed merely transfers whatever interest, if any, the grantor may have in the property, without specifying that interest in any way?

A) common law
B) statutory
C) quitclaim
D) warranty

Question 44

Which statement is incorrect concerning mortgages?

A) The mortgagee's interest terminates upon performance of the obligation secured by the mortgage.
B) The mortgagee has the right to enforce the mortgage by foreclosure upon default by the mortgagor.
C) The mortgagor must have complete or absolute ownership in the property.
D) Generally, no particular form of language is required to create a mortgage.

Question 45

Tucker and Hankey were adjoining property owners. Tucker claimed that the fence separating their properties was not located properly and that it should be moved back onto Hankey's land. Hankey claimed that he owned the strip between the fence and the alleged boundary line by adverse possession. He proved that for forty (40) years there had been on the strip in question a barn with a cement floor, which had been built by the person from whom he purchased his land, and that he had been told by the former owner that the fence was the boundary line. The fence consisted of five-foot-high barbed wire set in cement. Did Hankey own the strip by adverse possession?

Question 46

A covenant ________ promises that the grantor of an interest in land will execute any additional documents required to perfect the title of the grantee.

A) of seisin.
B) of further assurances.
C) against encumbrances.
D) of quiet enjoyment.

Question 47

A summarized report of title to property is called: ______.

A) title protection insurance.
B) title assessment insurance.
C) an abstract of title.
D) an instrument of title.

Question 48

Any of the following can constitute an effective delivery of a deed except: ______.

A) a physical delivery.
B) a symbolic delivery.
C) a constructive delivery.
D) a recording of the deed.

Question 49

Which is not a correct statement about deeds?

A) The grantor must sign the deed.
B) A deed must be recorded to effectively pass title.
C) The fact that a deed is recorded provides notice to the world about who holds title.
D) A deed must be delivered to be effective.

Question 50

The right to _________ which is found in the ______ Amendment to the U.S. Constitution, authorizes the government to take land for public use with just compensation.

A) a restrictive covenant, Fifth Amendment.
B) eminent domain, Fifth Amendment.
C) eminent domain, Fourth Amendment.
D) adverse possession, First Amendment.

Question 51

Ulysses bought Whiteacre from Gordon but never recorded the deed. Gordon stayed on the property as a tenant for three (3) years. Near the end of the three (3) years, Gordon learned that Ulysses had never recorded the deed. Gordon advertised Whiteacre for sale and Cheryl negotiated with Gordon thinking that Gordon was the owner. Finally, Cheryl checked the records at the recording office and, finding no reason to question Gordon's ownership of the property, purchased Whiteacre from Gordon. Cheryl recorded the deed and Gordon fled with the purchase money. Meanwhile, Ulysses had failed to pay the real estate taxes on Whiteacre for the three (3) years in question thinking it was the responsibility of Gordon, the tenant. Ultimately, Cheryl and Ulysses disputed over the ownership of the property. Decide the case between Cheryl and Ulysses. Also decide whether Ulysses is responsible for the three (3) years of real estate taxes assessed while Gordon occupied the property as a tenant.

Question 52

Frank has two interests in property. On property "X," Frank has a life estate measured by the life of his Uncle Sal. On property "Y," Frank has a fee simple estate. Frank wishes to transfer, upon his death, his interest in the two properties to his wife, Samantha. Prior to Frank's executing his will, Uncle Sal dies. Frank still wishes to will the properties to his wife, but he now is uncertain whether he has the right to do so. Can Frank will the two property interests to Samantha?

Question 53

In general, a mortgagor is under a duty to: ______.

A) make improvements to the mortgaged property.
B) insure the property.
C) pay taxes and assessments on the property.
D) reimburse the mortgagee for expenditures made by the mortgagee for valuable and lasting improvements.