Deck 49: Real Property

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Question
Which of the following 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.
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Question
A ______ estate is granted for the lifetime of an individual with the right to possess the property terminating at the individual's death.

A) Conditional
B) Life
C) Leasehold
D) Future interest
E) Fee simple absolute
Question
An owner cannot deprive landowners downstream of the use of the water by diverting it elsewhere.
Question
Which of the following would originally have been personal property but became part of realty after being permanently attached to real property?

A) A fee
B) A fixture
C) A consolidation
D) A mix
E) An enclosure
Question
Restrictive covenants are promises to use or not use land in particular ways.
Question
Title insurance protects a buyer from losses resulting from a defect in the title of property.
Question
In most states, a broker cannot act as an agent for both buyer and seller unless both parties consent.
Question
Which of the following is land and everything permanently attached to it?

A) Real property
B) Personal property
C) Absolute property
D) Listed property
E) Fee property
Question
Unreasonable zoning may constitute a constructive taking of property by the government.
Question
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
Real property is commonly referred to as "realty."
Question
A license is a right to use another's property that is temporary but not revocable.
Question
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
Subleasing of leased property by the tenant to another party is permissible unless specifically prohibited by the lease.
Question
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
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
The term ______ rights references the right to enter onto property to remove the underground materials.

A) Subsurface
B) Underground
C) Earth
D) Terrestrial
E) Subterrestrial
Question
Which of the following was the result in Double Diamond Properties v. BP Products, the case in the text in which the plaintiff sought a declaratory judgment that a restrictive covenant prohibiting the purchase of gasoline from any source other than the defendant was no longer enforceable because the defendant had assigned its right to supply gasoline to another entity?

A) The court ruled that the covenant remained enforceable because the defendant continued to provide gasoline on an indirect basis as allowed by the covenant, and the plaintiff failed to prove other challenges to it.
B) The court ruled that the agreement remained enforceable because the intent of the parties when entering into the agreement was that the plaintiff receive gasoline only from the defendant or from an entity of the defendant's choosing.
C) The court ruled that the covenant was not enforceable because the defendant no longer supplied the plaintiff with gasoline recognizing that the reference to indirect sales in the covenant meant merely that the plaintiff had the option to obtain defendant's brand of gasoline either from the defendant or indirectly from another supplier.
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 gasoline trade in the area.
Question
A ______ estate is the most complete estate a person may have.

A) Conditional
B) Life
C) Leasehold
D) Future interest
E) Fee simple absolute
Question
Which of the following was the result in Country Club Dist. Homes Assn. v. Country Club Christian Church, the case in the text in which the defending church wanted to use three lots in a subdivision for a parking lot, and the subdivision homeowners' association sued to enforce a restrictive covenant providing that lots in the subdivision would only be sued for private residences?

A) The court ruled that the church was not subject to the restrictions because it was a nonprofit entity.
B) The court ruled that the church was not subject to the restrictions because it was a religious entity.
C) The court ruled that the church was not subject to the restrictions because the church itself was not a private residence but was allowed to remain, and it was clearly entitled to sufficient parking.
D) The court ruled that the church was barred by the restrictive covenant from using the lots as a parking lot.
E) The court ruled that the church was allowed to proceed because using the lots for parking was the highest and best use for the property.
Question
If the owners in a tenancy by the entirety divorce, the interest becomes a ______.

A) Tenancy in common
B) Joint tenancy
C) License
D) Fee simple
E) Fee simple absolute
Question
If a piece of property is divided and one portion is landlocked as a result, an easement by ______ is created.

A) Prescription
B) Express need
C) Necessity
D) Implication
E) Requirement
Question
A[n] ______ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

A) Appurtenance
B) Profit
C) Easement
D) Fixation
E) Joint use
Question
Which of the following was the result on appeal in Sauls v. Crosby, the case in the text in which the court addressed whether a life tenant had a right to cut timber for the life tenant's commercial gain?

A) The court ruled that the defendant, as an ordinary life tenant, had no right to cut the timber for his or her own commercial gain.
B) The court ruled that the defendant had a right to cut the timber only if at least 30 days' notice was given to the remaindermen.
C) The court ruled that the defendant had a right to cut the timber for commercial gain.
D) The court ruled that the defendant had a right to cut the timber for commercial gain only if she could establish that she was economically challenged and needed the funds in order to maintain her lifestyle.
E) The court ruled that the defendant was prohibited from cutting the timber for commercial gain unless she established that the market for timber was expected to decline significantly due to economic conditions.
Question
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
In Japan adverse possession for ______ years leads to a transfer of ownership as long as the possessor began with a nonnegligent good-faith belief that he or she had legal title to the property.

A) 10
B) 15
C) 20
D) 25
E) 30
Question
A ______ is 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
A[n] ______ deed is the most commonly used deed to transfer property and contains certain promises by the grantor.

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific
Question
Transfer of property is initiated by the ______ of the deed.

A) Acknowledgement
B) Execution
C) Registration
D) Sealing
E) Expressing
Question
In which of the following types of ownership does each co-owner have the right to sell his or her interest without the consent of the other owners, have the right to own an unequal share of the property, and the right to own property subject to the right of a creditor to attach his or her interest?

A) Joint tenancy
B) True tenancy
C) Tenancy in common
D) Joined tenancy
E) Tenancy by the entirety
Question
An easement or profit is ______ when it is not dependent on owning property adjacent to the land on which the nonpossessory interest exists.

A) Express
B) Adjoining
C) In gross
D) Appurtenant
E) Prevailing
Question
The document that directs a condominium association is called a[n] _____.

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
Which of the following describes co-ownership by married couples allowing full ownership by the surviving spouse when the other spouse dies?

A) Joint tenancy
B) Cooperative tenancy
C) Tenancy in common
D) Joined tenancy
E) Tenancy by the entirety
Question
Which of the following 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
An owner of a ______ has a possessory interest but not an ownership interest.

A) Conditional estate
B) Life estate
C) Leasehold
D) Future interest
E) Fee simple absolute
Question
In a[n] _____, the investor resident is a shareholder in the corporation owning an apartment building and receives a permanent lease on one unit of the facility upon acquiring stock.

A) Condominium
B) Unit investment
C) Association
D) Cooperative
E) Alignment
Question
A ______ is an instrument of that conveys real property from one owner to another.

A) Deed
B) Form of acknowledgment
C) Transfer
D) Right of way
E) Title
Question
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
A[n] ______ is the right to go onto someone's land and take part of the land or a product of it away from the land.

A) Appurtenance
B) Profit
C) Easement
D) Fixation
E) Joint use
Question
In which of the following do all tenants own equal shares of the property with the property divided equally among surviving joint owners upon the death of one tenant?

A) Joint tenancy
B) True tenancy
C) Tenancy in common
D) Joined tenancy
E) Group tenancy
Question
"Disgruntled Buyer." Tom had 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 Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy 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. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows:
Dear Kathy,
"caveat emptor". You have marketable title.
Regards, Tom
Kathy 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
"Disgruntled Buyer." Tom had 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 Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy 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. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows:
Dear Kathy,
"caveat emptor". You have marketable title.
Regards, Tom
Kathy is furious and wants to sue.


-Which of the following is meant by Bruce's statement that Kathy 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 Kathy has the legal title, not Bruce, and that she, therefore, has responsibility for all repairs.
D) All of these.
E) That all taxes have been paid and that there are no liens or restrictions on the property, but not that Kathy has legal title.
Question
Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner?

A) Allocation
B) Appropriation
C) Condemnation
D) Substitution
E) Publication
Question
Which of the following is certification by an official of the state that he or she saw the signing of a deed and was provided evidence that the signatories were who they claimed to be?

A) Acknowledgement
B) Certification
C) Notarization
D) Sealing
E) Execution
Question
Which of the following is the least desirable type of deed from the grantee's perspective?

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific
Question
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
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
Which of the following are promises voluntarily entered into by property owners by which the owners promise to use or not to use their land in particular ways?

A) Obligatory covenants
B) Public use agreements
C) Approved use requirements
D) Restrictive covenants
E) Zoning
Question
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark 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
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
"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy.

-Which of the following is true regarding Bruce'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 Alice.
B) He is correct but only if in addition to not being the transferor to Alice, he had no knowledge of any previous transfer to Alice.
C) He is correct.
D) He is incorrect, and his general warranty deed likely imposes upon him a duty to resolve the dispute involving Alice through proving her wrong, settling with her, or other means.
E) He is incorrect only if Alice was truly granted the property and is not engaged in fraud.
Question
"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy.

-Who will likely win the dispute regarding whether George holds a valid easement?

A) George will likely win only if he told Sally and Ruthy about the easement before their purchase.
B) George will likely win regardless of whether he told Sally and Ruthy about the easement before their purchase.
C) George will likely win only if he can establish that he paid a fair price for the easement.
D) George will likely win only if he told Sally and Ruthy about the easement before their purchase, and if he can establish that he paid a fair price for the easement.
E) Ruthy and Sally will likely win because easements are terminated when property is sold.
Question
Which of the following occurs 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?

A) Adverse title
B) Opposed possession
C) Unopposed possession
D) Adverse possession
E) Obtained title
Question
The ______ deed carries no warranties, and the grantor simply conveys whatever interests he or she holds.

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific
Question
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her.

-Which of the following would be the most likely result regarding Samantha'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 Trudy and Mark, she only receives a portion of the ownership of the house with the remainder being held by any other children of Trudy or Mark, including Alex.
C) She receives only a life estate with the remainder going to Alex when she dies.
D) She does not receive anything because the entire title had already passed to Alex.
E) She must provide Alex with a one-half interest in the house only because her mother did not live longer than 6 months following the death of Mark.
Question
The ______ is the meeting at which the transfer of title actually takes place and delivery and acceptance occur.

A) Closing
B) Termination
C) Conclusion
D) Transfer
E) Wrap-up
Question
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 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
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her.

-Which of the following would be the most likely result regarding Alex's claim to ownership of the house upon Mark's death?

A) Regardless of the form of ownership held by Trudy and Mark, Alex would get the house because Mark left all his property to Alex in his will.
B) Because of the form of ownership held by Trudy and Mark, the will could have conveyed the house to Alex only if the house was specifically mentioned; therefore, since the will simply referenced property, Alex would not get the house.
C) Alex would get the house as Mark's child regardless of whether Mark left it to him in the will.
D) Alex would get ownership of the house, but he would have a duty to allow Trudy to live there the remainder of her life.
E) Alex would not receive the house upon Mark's death because full ownership immediately passed to Trudy.
Question
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her.

-Which of the following is true regarding Mandy'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 Samantha pay it based on Samantha's inheritance interest in the house.
D) She can require that Alex pay it based on Alex's inheritance interest in the house.
E) She can require that both Alex and Samantha pay it based upon their inheritance interests in the house.
Question
"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy.

-Which of the following is the most likely type of ownership held by Sally and Ruthy?

A) Joint tenancy
B) Tenancy in common
C) Tenancy by form
D) Tenancy by the entirety
E) Family tenancy
Question
As set forth in the text, describe a cooperative including typical rules of governance and the penalty if a member violates the rules.
Question
"Disgruntled Buyer." Tom had 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 Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy 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. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows:
Dear Kathy,
"caveat emptor". You have marketable title.
Regards, Tom
Kathy is furious and wants to sue.


-Which of the following is true regarding any duty Bruce owed to Kathy prior to the sale?

A) In most states Bruce only had a duty to warn Kathy 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 Bruce had a duty to warn Kathy 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 Bruce had a duty to warn Kathy 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 Bruce had no duty to warn Kathy of anything.
E) In most states Bruce had no duty to warn Kathy of anything so long as she had her own home inspection done.
Question
Sam openly used a trail on Kathy's farm to go fishing at the river for 30 years. Kathy knew that he did so. She became angry at him over an event at the Senior Citizen's Center and told him that he could no longer cut across her farm. What legal recourse, if any, would Sam have, and why?
Question
Patricia buys a house from Jake but does not record her ownership interest. Later, Jake dishonestly sells the same house to Paula who had checked ownership at the courthouse but saw no mention of Patricia. After she paid Jake, Paula recorded her property interest at the courthouse. Paula, who thought that Patricia was renting the house from Jake, then wrote to Patricia asking her to move. Who is entitled to the house? Who do you believe that ethically should be done assuming Jake cannot be found?
Question
Set forth what a deed must contain in order to be properly drafted.
Question
Set forth and discuss two exceptions that may be applied to alter the rule that fixtures remain when a tenant moves.
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Deck 49: Real Property
1
Which of the following 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.
A landowner is prohibited from cutting branches of a neighbor's tree hanging over into the landowner's premises.
2
A ______ estate is granted for the lifetime of an individual with the right to possess the property terminating at the individual's death.

A) Conditional
B) Life
C) Leasehold
D) Future interest
E) Fee simple absolute
Life
3
An owner cannot deprive landowners downstream of the use of the water by diverting it elsewhere.
True
4
Which of the following would originally have been personal property but became part of realty after being permanently attached to real property?

A) A fee
B) A fixture
C) A consolidation
D) A mix
E) An enclosure
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5
Restrictive covenants are promises to use or not use land in particular ways.
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6
Title insurance protects a buyer from losses resulting from a defect in the title of property.
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7
In most states, a broker cannot act as an agent for both buyer and seller unless both parties consent.
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8
Which of the following is land and everything permanently attached to it?

A) Real property
B) Personal property
C) Absolute property
D) Listed property
E) Fee property
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9
Unreasonable zoning may constitute a constructive taking of property by the government.
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10
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.
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11
Real property is commonly referred to as "realty."
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12
A license is a right to use another's property that is temporary but not revocable.
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13
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
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14
Subleasing of leased property by the tenant to another party is permissible unless specifically prohibited by the lease.
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15
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
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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.
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17
The term ______ rights references the right to enter onto property to remove the underground materials.

A) Subsurface
B) Underground
C) Earth
D) Terrestrial
E) Subterrestrial
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18
Which of the following was the result in Double Diamond Properties v. BP Products, the case in the text in which the plaintiff sought a declaratory judgment that a restrictive covenant prohibiting the purchase of gasoline from any source other than the defendant was no longer enforceable because the defendant had assigned its right to supply gasoline to another entity?

A) The court ruled that the covenant remained enforceable because the defendant continued to provide gasoline on an indirect basis as allowed by the covenant, and the plaintiff failed to prove other challenges to it.
B) The court ruled that the agreement remained enforceable because the intent of the parties when entering into the agreement was that the plaintiff receive gasoline only from the defendant or from an entity of the defendant's choosing.
C) The court ruled that the covenant was not enforceable because the defendant no longer supplied the plaintiff with gasoline recognizing that the reference to indirect sales in the covenant meant merely that the plaintiff had the option to obtain defendant's brand of gasoline either from the defendant or indirectly from another supplier.
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 gasoline trade in the area.
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19
A ______ estate is the most complete estate a person may have.

A) Conditional
B) Life
C) Leasehold
D) Future interest
E) Fee simple absolute
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20
Which of the following was the result in Country Club Dist. Homes Assn. v. Country Club Christian Church, the case in the text in which the defending church wanted to use three lots in a subdivision for a parking lot, and the subdivision homeowners' association sued to enforce a restrictive covenant providing that lots in the subdivision would only be sued for private residences?

A) The court ruled that the church was not subject to the restrictions because it was a nonprofit entity.
B) The court ruled that the church was not subject to the restrictions because it was a religious entity.
C) The court ruled that the church was not subject to the restrictions because the church itself was not a private residence but was allowed to remain, and it was clearly entitled to sufficient parking.
D) The court ruled that the church was barred by the restrictive covenant from using the lots as a parking lot.
E) The court ruled that the church was allowed to proceed because using the lots for parking was the highest and best use for the property.
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21
If the owners in a tenancy by the entirety divorce, the interest becomes a ______.

A) Tenancy in common
B) Joint tenancy
C) License
D) Fee simple
E) Fee simple absolute
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22
If a piece of property is divided and one portion is landlocked as a result, an easement by ______ is created.

A) Prescription
B) Express need
C) Necessity
D) Implication
E) Requirement
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23
A[n] ______ is an irrevocable right to use some part of another's land for a specific purpose without taking anything from it.

A) Appurtenance
B) Profit
C) Easement
D) Fixation
E) Joint use
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24
Which of the following was the result on appeal in Sauls v. Crosby, the case in the text in which the court addressed whether a life tenant had a right to cut timber for the life tenant's commercial gain?

A) The court ruled that the defendant, as an ordinary life tenant, had no right to cut the timber for his or her own commercial gain.
B) The court ruled that the defendant had a right to cut the timber only if at least 30 days' notice was given to the remaindermen.
C) The court ruled that the defendant had a right to cut the timber for commercial gain.
D) The court ruled that the defendant had a right to cut the timber for commercial gain only if she could establish that she was economically challenged and needed the funds in order to maintain her lifestyle.
E) The court ruled that the defendant was prohibited from cutting the timber for commercial gain unless she established that the market for timber was expected to decline significantly due to economic conditions.
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25
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.
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26
In Japan adverse possession for ______ years leads to a transfer of ownership as long as the possessor began with a nonnegligent good-faith belief that he or she had legal title to the property.

A) 10
B) 15
C) 20
D) 25
E) 30
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27
A ______ is 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
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28
A[n] ______ deed is the most commonly used deed to transfer property and contains certain promises by the grantor.

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific
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29
Transfer of property is initiated by the ______ of the deed.

A) Acknowledgement
B) Execution
C) Registration
D) Sealing
E) Expressing
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30
In which of the following types of ownership does each co-owner have the right to sell his or her interest without the consent of the other owners, have the right to own an unequal share of the property, and the right to own property subject to the right of a creditor to attach his or her interest?

A) Joint tenancy
B) True tenancy
C) Tenancy in common
D) Joined tenancy
E) Tenancy by the entirety
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31
An easement or profit is ______ when it is not dependent on owning property adjacent to the land on which the nonpossessory interest exists.

A) Express
B) Adjoining
C) In gross
D) Appurtenant
E) Prevailing
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32
The document that directs a condominium association is called a[n] _____.

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
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33
Which of the following describes co-ownership by married couples allowing full ownership by the surviving spouse when the other spouse dies?

A) Joint tenancy
B) Cooperative tenancy
C) Tenancy in common
D) Joined tenancy
E) Tenancy by the entirety
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34
Which of the following 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.
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35
An owner of a ______ has a possessory interest but not an ownership interest.

A) Conditional estate
B) Life estate
C) Leasehold
D) Future interest
E) Fee simple absolute
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36
In a[n] _____, the investor resident is a shareholder in the corporation owning an apartment building and receives a permanent lease on one unit of the facility upon acquiring stock.

A) Condominium
B) Unit investment
C) Association
D) Cooperative
E) Alignment
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37
A ______ is an instrument of that conveys real property from one owner to another.

A) Deed
B) Form of acknowledgment
C) Transfer
D) Right of way
E) Title
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38
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
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39
A[n] ______ is the right to go onto someone's land and take part of the land or a product of it away from the land.

A) Appurtenance
B) Profit
C) Easement
D) Fixation
E) Joint use
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40
In which of the following do all tenants own equal shares of the property with the property divided equally among surviving joint owners upon the death of one tenant?

A) Joint tenancy
B) True tenancy
C) Tenancy in common
D) Joined tenancy
E) Group tenancy
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41
"Disgruntled Buyer." Tom had 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 Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy 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. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows:
Dear Kathy,
"caveat emptor". You have marketable title.
Regards, Tom
Kathy 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.
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42
"Disgruntled Buyer." Tom had 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 Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy 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. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows:
Dear Kathy,
"caveat emptor". You have marketable title.
Regards, Tom
Kathy is furious and wants to sue.


-Which of the following is meant by Bruce's statement that Kathy 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 Kathy has the legal title, not Bruce, and that she, therefore, has responsibility for all repairs.
D) All of these.
E) That all taxes have been paid and that there are no liens or restrictions on the property, but not that Kathy has legal title.
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43
Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner?

A) Allocation
B) Appropriation
C) Condemnation
D) Substitution
E) Publication
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44
Which of the following is certification by an official of the state that he or she saw the signing of a deed and was provided evidence that the signatories were who they claimed to be?

A) Acknowledgement
B) Certification
C) Notarization
D) Sealing
E) Execution
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45
Which of the following is the least desirable type of deed from the grantee's perspective?

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific
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46
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
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47
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
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48
Which of the following are promises voluntarily entered into by property owners by which the owners promise to use or not to use their land in particular ways?

A) Obligatory covenants
B) Public use agreements
C) Approved use requirements
D) Restrictive covenants
E) Zoning
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49
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark 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.
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50
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
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51
"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy.

-Which of the following is true regarding Bruce'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 Alice.
B) He is correct but only if in addition to not being the transferor to Alice, he had no knowledge of any previous transfer to Alice.
C) He is correct.
D) He is incorrect, and his general warranty deed likely imposes upon him a duty to resolve the dispute involving Alice through proving her wrong, settling with her, or other means.
E) He is incorrect only if Alice was truly granted the property and is not engaged in fraud.
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52
"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy.

-Who will likely win the dispute regarding whether George holds a valid easement?

A) George will likely win only if he told Sally and Ruthy about the easement before their purchase.
B) George will likely win regardless of whether he told Sally and Ruthy about the easement before their purchase.
C) George will likely win only if he can establish that he paid a fair price for the easement.
D) George will likely win only if he told Sally and Ruthy about the easement before their purchase, and if he can establish that he paid a fair price for the easement.
E) Ruthy and Sally will likely win because easements are terminated when property is sold.
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53
Which of the following occurs 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?

A) Adverse title
B) Opposed possession
C) Unopposed possession
D) Adverse possession
E) Obtained title
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54
The ______ deed carries no warranties, and the grantor simply conveys whatever interests he or she holds.

A) Quitclaim
B) Special warranty
C) Approved
D) General warranty
E) Specific
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55
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her.

-Which of the following would be the most likely result regarding Samantha'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 Trudy and Mark, she only receives a portion of the ownership of the house with the remainder being held by any other children of Trudy or Mark, including Alex.
C) She receives only a life estate with the remainder going to Alex when she dies.
D) She does not receive anything because the entire title had already passed to Alex.
E) She must provide Alex with a one-half interest in the house only because her mother did not live longer than 6 months following the death of Mark.
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56
The ______ is the meeting at which the transfer of title actually takes place and delivery and acceptance occur.

A) Closing
B) Termination
C) Conclusion
D) Transfer
E) Wrap-up
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57
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 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
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58
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her.

-Which of the following would be the most likely result regarding Alex's claim to ownership of the house upon Mark's death?

A) Regardless of the form of ownership held by Trudy and Mark, Alex would get the house because Mark left all his property to Alex in his will.
B) Because of the form of ownership held by Trudy and Mark, the will could have conveyed the house to Alex only if the house was specifically mentioned; therefore, since the will simply referenced property, Alex would not get the house.
C) Alex would get the house as Mark's child regardless of whether Mark left it to him in the will.
D) Alex would get ownership of the house, but he would have a duty to allow Trudy to live there the remainder of her life.
E) Alex would not receive the house upon Mark's death because full ownership immediately passed to Trudy.
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59
"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her.

-Which of the following is true regarding Mandy'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 Samantha pay it based on Samantha's inheritance interest in the house.
D) She can require that Alex pay it based on Alex's inheritance interest in the house.
E) She can require that both Alex and Samantha pay it based upon their inheritance interests in the house.
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60
"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy.

-Which of the following is the most likely type of ownership held by Sally and Ruthy?

A) Joint tenancy
B) Tenancy in common
C) Tenancy by form
D) Tenancy by the entirety
E) Family tenancy
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61
As set forth in the text, describe a cooperative including typical rules of governance and the penalty if a member violates the rules.
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62
"Disgruntled Buyer." Tom had 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 Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy 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. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows:
Dear Kathy,
"caveat emptor". You have marketable title.
Regards, Tom
Kathy is furious and wants to sue.


-Which of the following is true regarding any duty Bruce owed to Kathy prior to the sale?

A) In most states Bruce only had a duty to warn Kathy 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 Bruce had a duty to warn Kathy 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 Bruce had a duty to warn Kathy 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 Bruce had no duty to warn Kathy of anything.
E) In most states Bruce had no duty to warn Kathy of anything so long as she had her own home inspection done.
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63
Sam openly used a trail on Kathy's farm to go fishing at the river for 30 years. Kathy knew that he did so. She became angry at him over an event at the Senior Citizen's Center and told him that he could no longer cut across her farm. What legal recourse, if any, would Sam have, and why?
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64
Patricia buys a house from Jake but does not record her ownership interest. Later, Jake dishonestly sells the same house to Paula who had checked ownership at the courthouse but saw no mention of Patricia. After she paid Jake, Paula recorded her property interest at the courthouse. Paula, who thought that Patricia was renting the house from Jake, then wrote to Patricia asking her to move. Who is entitled to the house? Who do you believe that ethically should be done assuming Jake cannot be found?
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65
Set forth what a deed must contain in order to be properly drafted.
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66
Set forth and discuss two exceptions that may be applied to alter the rule that fixtures remain when a tenant moves.
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