Deck 24: Personal Property, Real Property, and Land Use Law

Question 1

Permission to use another's property that may be revoked at any time by the property owner is called a ______.

Answer 1

license

Question 2

The finder of lost property obtains better rights of ownership to that property than anyone else.

Answer 2

False
Explanation: The finder of lost property obtains better rights of ownership to that property than anyone else except the true owner.

Question 3

An exception to zoning ordinances is called a ______.

Answer 3

variance

Question 4

Structures erected on real estate are called ______.

Question 5

Leasing of personal property is governed by both state property law and state commercial law.

Question 6

If a student leaves a book bag in class by accident and the professor takes possession to safeguard the bag, a bailment has been formed.

Question 7

A leasehold estate that runs for fixed periods of time and automatically renews unless terminated by the tenant or landlord is called a ______.

Question 8

Leasing of personal property is based on state law modeled after provisions of the Uniform Commercial Code.

Question 9

When ownership in land is subject to being canceled it is said to be ______.

Question 10

Water rights are also known as ________ rights.

Question 11

Fred has returned from a nursery where he has purchased 21 rose bushes to decorate the exterior of his home. Each bush has its roots wrapped in burlap, and Fred carried the bushes home in the back of his pickup truck. Fred has now planted each of the rose bushes. The bushes are real property.

Question 12

Ownership of personal property is governed by federal law.

Question 13

Sylvia is a student who parked her car in a university parking lot. To enter the lot, she had to swipe her ID card to gain access. During class, a thief broke into her car and stole her computer. The school is liable to her under a bailment relationship if it did not exercise proper care in the protection of her car.

Question 14

The common law held that property owners own the rights to the air and light for up to 100 feet above their property.

Question 15

An easement is a nonpossessory interest in land.

Question 16

A piece of personal property affixed to real property is called a ______.

Question 17

Money being held by a neutral third party, to be paid out once a dispute is settled, is money being held in ______.

Question 18

A tenancy for years will automatically renew if no notice is given by the tenant or landlord of intention to terminate the lease.

Question 19

Ownership of land is typically evidenced by a ______.

Question 20

Jon visits an upscale restaurant and allows the valet to take and park his car. The restaurant becomes the ________ of the car in this bailment relationship.

Question 21

Mike and Kathy have a live Christmas tree in their home. This tree is real property.

Question 22

In Kelo v. City of New London, the court permitted the use of eminent domain to take property that was to be given, in part, to private individuals and companies so that they could develop the land for the benefit of the city and its citizens.

Question 23

Zoning is generally done at the state level through statutes passed by the state legislature.

Question 24

The most common way for commercial real estate to be transferred is by inheritance.

Question 25

A sublease occurs when a tenant transfers the entire remaining term of a lease to a third party.

Question 26

Title to commercial real estate is conveyed through a contract, while title to noncommercial real estate, such as private homes, is conveyed through a deed.

Question 27

The law tends to provide more protection to residential tenants than it does to commercial tenants.

Question 28

Unless very extreme circumstances are shown, the tenant's right to habitability will be more strictly enforced in residential leases than in commercial leases.

Question 29

Company A and company B own adjacent pieces of land. The companies own the full bundle of rights in their respective properties. Company A digs a mine that starts on its own property but extends, below ground, across the property line. If company A finds minerals below company B's surface property, it may mine and use the minerals for its own use because it has not gone onto or disturbed company B's property.

Question 30

It is possible to be in rightful possession of personal property without having actual ownership of the property.

Question 31

The government must pay when it exercises its right of eminent domain.

Question 32

A fee tail is an ownership interest in land, recognized in only a minority of states, that limits succession of the property to members of the owner's family only.

Question 33

In a bailment, the title to the goods stays with the bailor.

Question 34

A life estate gives the owner more rights than a fee simple.

Question 35

If the tenant stops paying rent and ignores the landlord's demands, the landlord may constructively evict the tenant, ending the lease agreement.

Question 36

George has assigned the lease on his apartment to Brad for a six-month period. Three months later, the apartment is infested with cockroaches. When Brad complains to the landlord, the landlord informs him that his agreement is with George and that only George has the right to enforce habitability and quiet enjoyment complaints. Brad must have George make the complaint to the landlord.

Question 37

When an adverse possession of real property occurs, title to land transfers without the delivery of a deed from the former owner to the new owner.

Question 38

Alice has inherited 21 acres of land in Alaska. Since she has no urge to visit Alaska, she has never seen the land. Ron and Jane have moved onto the land and erected a home. They have started using the land and have even fenced much of it in. There is no mortgage on the land, and Alice doesn't receive a tax bill because Ron and Jane pay the yearly taxes. After the statutory period in Alaska has run, Ron and Jane would become the owners of the land.

Question 39

Lee has rented an apartment two blocks from a busy airport. After a month of hearing planes passing by the premises at all hours, he may properly inform the landlord that he is vacating the apartment immediately because his quiet enjoyment of the rental has been breached.

Question 40

The Uniform Residential Landlord-Tenant Act (URLTA) applies to both commercial and residential agreements.

Question 41

Sophie is renting a home from Robert. There is no written lease, and the agreement is that Sophie will pay rent on the first of every month. Either party may terminate the agreement with 30 days' notice. Sophie has a:

A) life estate.
B) periodic tenancy.
C) tenancy for years.
D) easement by grant.

Question 42

In 2006, Martin purchased a home in a residential development, and in 2010 he sold it in fee simple to Richard. A week after Richard moved in, the local cable company came to his door to inform him that it would start digging up his yard to install underground cable for the neighborhood. When Richard objected, he was told that the company had a right to do it and he should check with his lawyer. A call to the lawyer confirmed the right of the cable company to enter his land and dig. Which of the following would have given the cable company this right?

A) an easement by grant
B) an easement by prescription
C) an easement by necessity
D) an easement by implication

Question 43

An easement by prescription:

A) creates ownership of the land in question.
B) creates a right of use in the land in question.
C) occurs when landlocked property is purchased.
D) creates a leasehold estate.

Question 44

Joey owned three homes in three different states. He tells Monica that she can live in his Iowa home until he decides to start using the home again in the future. Monica moves in and lives there for 13 years when Joey calls and says that he wishes to start using the home and that she must move out. Monica tells Joey that the statutory period for adverse possession in Iowa is 10 years and that she is now the owner.

A) Monica owns the home because she was open, notorious, visible, continuous, and exclusive and lived there longer than the 10-year requirement.
B) Monica owns the home because she was there with Joey's permission and had not broken the law.
C) Joey owns the home because he did show up after 13 years to claim the property.
D) Joey owns the home because Monica was not adverse or hostile since she was there with his consent.

Question 45

Which of the following is intellectual or intangible property?

A) oxygen
B) copyrights and patents
C) a car
D) a tree

Question 46

In Automobile Supply Co. v. Scene-in-Action, Scene rented a commercial space from Automobile. Soon after Scene took possession of the premises, the heat started malfunctioning for hours at a time, with the temperature dropping to below 50 degrees. After numerous employees stopped coming to work due to cold and illness, Scene moved out, claiming:

A) breach of the right to possession.
B) breach of the right to quiet enjoyment.
C) adverse possession.
D) constructive eviction.

Question 47

An easement written in a deed is called an:

A) easement by necessity.
B) easement by grant.
C) easement by implication.
D) easement by prescription.

Question 48

Which of the following is used to separate and keep apart commercial, residential, and industrial properties?

A) eminent domain
B) variances
C) easements
D) zoning

Question 49

Which of the following would not be considered a real estate fixture?

A) an area rug laid out in the living room with double-sided tape to keep it in place
B) a chandelier hanging in the dining room
C) a dishwasher installed under a kitchen countertop
D) wood paneling in the den

Question 50

Chuck is renting an apartment, and he has a problem. All night he hears the scurrying around of rodents, and each morning he finds cereal boxes and other cardboard food containers gnawed. He has also noticed droppings all over the apartment, including in the children's nursery. He has complained to the landlord, who simply replies, "Hey, this is center city-everybody has a rat problem." The landlord is breaching Chuck's right to:

A) possession.
B) quiet enjoyment.
C) continuous control.
D) habitability.

Question 51

The right to take away private property for the public good or for public use is called:

A) police powers.
B) condemnation.
C) eminent domain.
D) easement.

Question 52

Each of the following is personal property except:

A) a car.
B) a house.
C) a computer.
D) business inventory.

Question 53

In Fontainebleau Hotel v. Eden Roc, the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a 14-story addition to its premises that Eden Roc claimed blocked air and sunlight from its pool and sunbathing areas. The court determined that:

A) blocking the air and sunlight constituted a nuisance, so the building could be stopped.
B) the English law doctrine of "ancient lights" applied only if the building caused a dangerous circumstance to occur but not if the building caused only a nuisance.
C) the building could be erected only if it could be shown to be useful and beneficial as long as it is not being erected out of spite to knowingly harm the plaintiff.
D) the building could be erected if it could be shown to be useful and beneficial even if it may have been erected partly for spite to knowingly harm the plaintiff.

Question 54

Brad has left 50 acres of land to the First Church of Magnolia with the condition that it shall own and have rights to it forever; however, if the church ever permits alcohol to be served on the premises, the property will immediately go back to Brad or, if Brad is deceased, to his heirs. Brad has granted the church a:

A) fee simple.
B) fee tail.
C) life estate.
D) fee simple defeasible.

Question 55

Howard has fulfilled his residential lease and has moved out of his apartment. The landlord may hold Howard's security deposit for between ________, depending on the state.

A) 30 and 60 days
B) 60 and 90 days
C) 15 and 45 days
D) 15 and 60 days

Question 56

Which of the following is a valid bailment?

A) babysitting your sister's child for the weekend
B) house sitting your friend's house for the weekend
C) feeding your neighbor's dog (who lives in the yard in a dog house) by tossing food over the fence
D) putting your neighbor's car in your garage to shield it from a hail storm

Question 57

Tracy has agreed to lease a home from Henry on a month-to-month basis. The lease is:

A) a life estate.
B) an easement.
C) a tenancy for years.
D) a periodic tenancy.

Question 58

Which of the following is not a potential right a tenant has should a serious dispute arise with the landlord?

A) claim a constructive eviction
B) withhold rent and remain on the premises until the dispute is resolved
C) pay rent into escrow and remain on the premises until the dispute is resolved
D) terminate the lease and sue the landlord for damages

Question 59

Professor Smith has placed an ad in the school newspaper advertising a laptop computer for sale. Janice is in Professor Smith's economics class and approaches Smith during office hours and purchases the computer. Professor Smith has been at the school for over 10 years and is popular with students and faculty. The price Janice pays is just a bit below the fair market value of the computer. Six months later, the police come to Janice's home and inform her that the computer was stolen.

A) Janice may keep the computer because she bought it in good faith and had no reason to believe that it had been stolen.
B) Janice may keep the computer if the state statute regarding ownership by possession of personal property had run.
C) Janice will lose the computer because she had a duty to verify that Professor Smith was the rightful owner of the computer.
D) Janice will lose the computer because she cannot obtain good title to stolen goods.

Question 60

Riparian rights have to do with:

A) water rights.
B) airspace rights.
C) subsurface mineral rights.
D) leasehold rights.

Question 61

Bob has inherited a small home in Wyoming from his deceased uncle George. Bob has no desire to live in Wyoming, but he enjoys going up to his Wyoming property to fish for two weeks every fall and spring. George's lawyer has agreed to have the home secured when Bob leaves and to have it opened when he's planning to visit. George's lawyer, without asking or informing Bob, has suggested to his freeloading brother Alan and Alan's wife, Judith, that they stay at Bob's Wyoming place and simply vacate just before Bob shows up, which they do. They live there acting like the owners for 48 weeks every year. The statutory period for adverse possession in Wyoming is 10 years. After 12 years Alan and Judith file for ownership under Wyoming's adverse possession statute.

A) Alan and Judith will be successful because they have lived there for longer than the required 10 years.
B) Alan and Judith will be successful because they have lived there for longer than the required 10 years and they were open, notorious, and visible.
C) Alan and Judith will not be successful because one cannot become the owners by adverse possession if one is there without the owner's permission.
D) Alan and Judith will not be successful because their control of the property was not exclusive or continuous.

Question 62

Mike is driving when he has an accident. Robin, who is driving behind him, sees the accident and stops to help. She pulls Mike from the burning car and administers CPR, saving his life. Mike is a wealthy landowner and wants to reward Robin, so he gives her a home with the understanding that when she dies, the home will go back to Mike or, if Mike is deceased, to Mike's heirs. Mike has granted Robin a:

A) fee simple.
B) fee tail.
C) life estate.
D) fee simple defeasible.

Question 63

Bridget is the tenant in an apartment in New York, and her lease expires in three months. She expects and wants to renew the lease once it expires. Her employer has assigned her to a two-month assignment in Hawaii. She doesn't want to lose the apartment, so she checks and finds that the lease does not prohibit an assignment of the lease or a sublet of the lease. She is worried that if she assigns or sublets and the person who moves in doesn't pay, she may suffer consequences.

A) If she assigns the lease, she will not be liable for payment if the assignee doesn't pay but she would be liable on a sublease should the subleasee not pay.
B) If she subleases, she will not be liable for payment should the subleasee not pay but she would be liable on an assignment should the assignee not pay.
C) She will be liable whether she assigns or subleases should the assignee or subleasee not pay.
D) She will not be liable whether she assigns or subleases should the assignee or subleasee not pay.

Question 64

In the event that a landlord breaches a duty owed to a tenant, what are the possible remedies that may be available to the tenant?

Question 65

X-mart has just purchased 100 acres of land in Happyville. The town, fearful of a huge chain store ruining the economy and putting local businesses out of business, quickly passes an ordinance restricting the size of any new buildings to no more than 5,000 square feet. The typical X-mart store averages approximately 100,000 square feet. Does the town of Happyville have the right to enact a zoning restriction of this nature?

Question 66

Willie is selling his home. As he starts the moving process, he is wondering what he may take with him and what he must leave behind. Assume that the contract doesn't specifically list individual items and simply says that he must leave all fixtures. In particular he is wondering if he can take the following: his brand new refrigerator; glued carpeting in his basement; the 5- by 7-foot handmade Oriental rug in his den, and the shelving in his garage. Since you have taken a law class, he asks you for your advice. What should you tell him?

Question 67

Floyd has lived in his residence for three years when new neighbors move in. Soon afterward he starts to smell foul odors emanating from the new neighbors' home. It turns out that they have started a large compost heap that they plan to use as fertilizer for their spring and fall planting. Even with his windows closed and the air conditioning on, he can't stop the smell from permeating his home. If he files in court claiming a nuisance, what standard will the court use and how is it applied?

Question 68

Penny is renting an apartment from Albert. Every time Penny flushes the toilet, the toilet overflows and she must clean and mop the floor of her bathroom. She has complained numerous times, but Albert will not fix the problem. Albert is breaching Penny's right to:

A) habitability.
B) quiet enjoyment.
C) possession.
D) fair use.

Question 69

Manny, Moe, and Jack are hunters. In 1990 they discovered what appeared to be a deserted hunting lodge in the woods. The lodge had no indoor plumbing, no running water, and no heating system other than a fireplace. The building is a 1-mile hike from the nearest road. Every year since 1990, they have returned to the lodge and used it as a base during the deer and elk hunting seasons that occur in the fall and winter months. They spend a total of six weeks a year using the lodge. They have cleaned the place up, cut and stacked firewood, and even stored clothing inside when they weren't there. The owner of the lodge has noticed the stacked firewood but hasn't traveled to the lodge during hunting season to find out who is using the property even though he is disturbed that the property is being used without his permission. After the statutory period has run, have Manny, Moe, and Jack acquired title to the property?

Question 70

In the event that a tenant breaches a duty owed under a lease, what are the possible remedies that may be available to the landlord?

Question 71

The act of taking away private property by the government is called:

A) police powers.
B) condemnation.
C) eminent domain.
D) easement.

Question 72

Mike asks his girlfriend Brandi if he can borrow her car. Brandi agrees to allow Michael to use her car for the day.

A) An easement has been created.
B) A bailment has been created.
C) A leasehold has been created.
D) A fee simple defeasible has been created.

Question 73

Dover is the state capital of Delaware. The primary road that bisects the city is Route 13, which was, many years ago, a primary road for travel up and down the east coast. As it goes through Dover, Route 13 is a four-lane road with two lanes in each direction. There are no other major through roads. Due to an influx of industry both north and south of the city, along with increased population in and around the city, the four lanes of Route 13 are often clogged and the traffic is very slow moving. Dover Downs attracts over 100,000 NASCAR fans, and their vehicles, twice a year, and a new convention center/hotel/casino has recently been built, attracting hundreds of visitors a day. The city wants to widen Route 13, but all land adjacent to the road is privately owned. What rights does the city of Dover have, and what can the city do? Explain fully.

Question 74

Assume that you are a freshman and live in your school's dormitory. The agreement you've signed with the school states that you may move in on September 1 and must vacate the room by May 31 of the following year. Should you wish to live in the dormitory during your sophomore year, you must sign a completely new contract with the school. Your agreement with the school best approximates a:

A) fee simple defeasible.
B) periodic tenancy.
C) tenancy for years.
D) easement by grant.

Question 75

The power of a municipality to pass zoning ordinances stems from:

A) common law.
B) federal statutes passed by Congress.
C) statutes passed by the state legislature.
D) police powers.

Question 76

Do you agree with the court's decision in Fontainebleau Hotel v. Eden Roc? Explain. Is this case the same as one in which your neighbor, whom you don't get along with, builds a 40-foot fence on her property that blocks air and light from your deck and swimming pool, claiming she's doing it for security and privacy?

Question 77

The Takings Clause is found in the Constitution's:

A) First Amendment.
B) Fifth Amendment.
C) Eighth Amendment.
D) Fourteenth Amendment.

Question 78

What is the difference between the assignment of a lease and the subletting of a lease? How does each pertain to the rights and duties of the original tenant?

Question 79

Mia has written a deed that says, "To Chelsea for life, and upon her death the property shall go back to me." What kind of interest does Mia have in the property upon Chelsea's death?

A) a repudiation
B) a redemption
C) a reversion
D) a retention

Question 80

What is meant by the concept that title to personal property and title to real property provide the owner a bundle of rights?