Deck 23: Personal Property, Real Property, and Land Use Law

Question 1

Structures erected on real estate are called ______.

Answer 1

Improvements

Question 2

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.

Answer 2

Bailee

Question 3

Fred has returned from a nursery where he has purchased twenty one 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.

Answer 3

True
Explanation: Once the shrubs are planted they become improvements that are considered a part of the real property.

Question 4

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

Question 5

An exception to zoning ordinances is called a ______.

Question 6

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

Question 7

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

Question 8

Ownership of land is typically evidenced by a ______.

Question 9

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

Question 10

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

Question 11

An easement is a nonpossessory interest in land.

Question 12

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

Question 13

Water rights are also known as ________ rights.

Question 14

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

Question 15

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

Question 16

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 17

Ownership of personal property is governed by federal law.

Question 18

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

Question 19

Sylvia is a student who has 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 has broken into her car and stolen her computer.The school is liable to her under a bailment relationship if they did not exercise proper care in the protection of her car.

Question 20

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

Question 21

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 22

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 23

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

Question 24

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

Question 25

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 renal has been breached.

Question 26

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

Question 27

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

Question 28

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

Question 29

Alice has inherited twenty-one 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 30

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

Question 31

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

Question 32

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

Question 33

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

Question 34

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 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

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

Question 37

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 only George has the right to enforce habitability and quiet enjoyment complaints.Brad must have George make the complaint to the landlord.

Question 38

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

Question 39

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

Question 40

Company A and Company B own adjacent pieces of land.If Company A digs a mine that starts on its own property but goes across the property line below ground and finds minerals below Company B's surface property,they may mine and use the minerals for their own use because they have not gone onto or disturbed Company B's property.

Question 41

Which of the following is intellectual or intangible property?

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

Question 42

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 neighbors 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 43

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 they would start digging up his yard to install underground cable for the neighborhood.When Richard objected he was told that they 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 44

Each of the following is personal property except:

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

Question 45

In Fontainebleau.Eden Roc,the Eden Roc Hotel sued the Fontainebleau Hotel when Fontainebleau began erecting a fourteen story addition to their premise that they claimed blocked air and sunlight from their pool and sunbathing areas.The court determined:

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 only causes 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 46

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 47

Joey owned three homes in three different states.He tells Monica that she can live in his Iowa home until he decided to start using the home again in the future.Monica moves in and lives there for thirteen 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 ten years and that she is now the owner.

A) Monica owns the home because she was open, notorious, visible, continuous and exclusive and lived their more than the ten 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 thirteen years to claim the property
D) Joey owns the land because Monica was not adverse or hostile because she was there with his consent

Question 48

Professor Smith has placed an ad in the school newspaper advertising a lap top computer for sale.Janice is in Professor Smith's econ class and approaches Smith during office hours and purchases the computer.Professor Smith has been at the school for over ten 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 can not obtain good title to stolen goods

Question 49

In Automotive Supply Co.v.Scene-in-Action,Scene rented a commercial space from Automotive.Soon after taking 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 constructive eviction.

A) because Scene was a commercial tenant they were not afforded the same rights as would be given a residential tenant and they were found to be breaching the lease
B) the court determined that the cold was not so bad that it affected Scene's right to habitability and beneficial use so they were found to be breaching the lease
C) Scene would have had the right to claim a constructive eviction had they vacated the premises immediately after the problem arose but since they didn't do so, remaining despite of the problem, they waived the right to claim a constructive eviction and were found to be breaching the lease
D) Scene was entitled to vacate the premises within a reasonable amount of time and was not required to vacate immediately

Question 50

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

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

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

Tracy has agreed to lease a home from Henry for nine months at a monthly rent of $1,000 per month.

A) this lease must be in writing because it pertains to real property
B) this lease must be in writing because it is for more than $500 per month
C) this lease must be in writing because the law requires leases to be written regardless of duration or cost
D) this lease may be oral

Question 53

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 54

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 55

Riparian rights have to do with:

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

Question 56

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

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

Question 57

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 58

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 thirty days notice.Sophie has a:

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

Question 59

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 60

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 at.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." Landlord is breaching Chuck's right to:

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

Question 61

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.Route 13 as it goes through Dover 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 two lanes of Route 13 are often clogged and very slow moving.Dover Downs attract 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 62

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 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 sublease 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

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

Question 65

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

Question 66

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 5000 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 67

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 68

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

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

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 fire place.The building is a one mile hike from the nearest road.Each year since 1990,they have returned to the lodge and used it as a base during the deer and elk hunting seasons which 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

Floyd has lived in his residence for three years when new neighbors move in.Soon afterward he starts to smell hideous 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 71

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 72

The Takings Clause is found in the Constitution's:

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

Question 73

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' 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 74

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 were deceased,to Mike's heirs.Mike has granted Robin a:

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

Question 75

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 forty-eight weeks every year.The statutory period for adverse possession in Wyoming is ten years.After twelve 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 over the required ten years
B) Alan and Judith will be successful because they have lived there for over the required ten 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 you are 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 76

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 77

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^st and must vacate the room by May 31^st 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 78

Mike asks his girlfriend Brandi if he could 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 79

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

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

Question 80

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?