Deck 24: Property

Question 1

Ollie leased a building in Old Town.Ollie installed a washer and dryer unit and a new furnace in the basement of the building with new duct work throughout the building.Upon expiration of the lease,Ollie intends to remove the washer and dryer,but not the furnace.The washer and dryer can easily be removed without harming anything.Removal of the furnace,however,will damage the building.Are the washer,dryer,and furnace fixtures?

A) The washer, dryer, and furnace are all fixtures.
B) The furnace is a fixture, but the washer and dryer are not.
C) The washer and dryer are fixtures, but the furnace is not.
D) The furnace and the washer are fixtures, but the dryer is not.

Answer 1

B

Question 2

Charles agrees to store Tuan's car in Charles's garage for the winter months while Tuan visits his grandmother in California.As a bailee,Charles is automatically entitled to use Tuan's car while Tuan is away.

Answer 2

False

Question 3

Landlords cannot be held liable in negligence to guests of tenants for criminal attacks that occur on the rental premises.

Answer 3

False

Question 4

Herley enters a restaurant and hangs his coat in an unattended cloakroom near the entrance of the restaurant.It is not a situation where he gives the coat to an employee of the restaurant in order to hold the coat.In this situation,the restaurant is not a bailee of Herley's coat.

Question 5

The purpose of a title examination is to ensure that the seller has valid title to the land for sale.

Question 6

Juan has the right to walk (or drive)across his neighbor's property to reach the highway.Juan's right is referred to an easement.

Question 7

Wearever Builders constructs new houses in the Oak Grove subdivision.Unless it expressly gives a warranty to buyers,Wearever does not guarantee the adequacy of materials and good workmanship in its new houses.

Question 8

Jody loaned her neighbor,Phil,her snow blower.Phil set it near his driveway,and later accidentally ran over and destroyed it.In a suit to recover damages,Jody as plaintiff has the burden of proving that Phil was negligent and caused the destruction of her snow blower.

Question 9

Ben has rented an apartment from Gerald with the rental period to begin June 1.According to the rule followed in the majority of American states,Gerald is obligated to remove the previous tenant in time for Ben to take possession on June 1.

Question 10

If you grant a nonpossessory interest to Eagle Logging to enter your land and remove timber from ten acres,you have granted Eagle a profit.

Question 11

The difference between an inter vivos gift and a gift causa mortis is that the inter vivos gift is made during the donor's lifetime and a gift causa mortis is a gift is made after the donor's lifetime by the donor's estate.

Question 12

Amber purchased a fee simple absolute in a unit in a multi-unit apartment building.She belongs to an association which manages the common areas.Amber's interest is:

A) ownership in a condominium.
B) ownership of a share in a cooperative.
C) community property with the other apartment owners.
D) a tenancy by the entirety with the other apartment owners.

Question 13

Liz grants property "to AA so long as no alcohol is ever consumed on the premises;if so,then to Maria and her heirs." AA has a fee simple defeasible.

Question 14

Which of the following is a possessory interest in land?

A) Fee simple absolute.
B) Easement.
C) Profit.
D) License.

Question 15

Real property consists of:

A) buildings.
B) air rights.
C) plant life.
D) All of the above.

Question 16

Grandpa owns a farm.In a signed writing,Grandpa gave Sue the irrevocable right to use a road on his farm so that Sue could more easily reach her own property.What kind of interest in land did Grandpa give to Sue?

A) Grant easement.
B) Profit.
C) Easement by reservation.
D) License.

Question 17

The landlord's duty to provide quiet enjoyment of the premises and the landlord's duty to deliver and maintain the premises in a habitable condition are one and the same.

Question 18

Chet rents an apartment for the school year from September through May.This is a periodic tenancy,which terminates automatically when the agreed period ends.

Question 19

Recording a deed is important in putting the world on notice that the grantor has sold the land,but it has little effect between the grantor and the grantee.

Question 20

All Appliances,Inc.installed a built-in dishwasher in Greta's house and Greta intends that it remain with the house.The dishwasher is a fixture.

Question 21

The modern trend with regard to landlord liability for tenant injuries is:

A) to hold landlords liable under the normal rule of negligence.
B) that a landlord must use reasonable care to maintain safe premises.
C) that a landlord is liable for foreseeable harm to the tenant.
D) All of the above are correct.

Question 22

Marshall,fearing death from severe injuries from a fall at work,assigned a certificate of deposit worth $20,000 to his co-worker and friend,Keith,who gladly accepts.Marshall recovers from the injuries.Why must Keith give the certificate of deposit back to Marshall?

A) This is an inter vivos gift because Marshall was still alive when the gift was made. Any inter vivos gift is revocable because there is no consideration to make delivery of the property binding under contract law.
B) This type of gift is a gift causa mortis. It is a conditional gift which is conditioned on Marshall's actually dying. Because Marshall recovered, the gift is automatically revoked.
C) This is an ordinary gift, but it is revocable because we don't know if the certificate of deposit has matured or not.
D) This is an inter vivos gift and due to state laws, gifts in contemplation of death must be written into a valid will or otherwise the deceased's assets will be distributed according to state statute.

Question 23

Curt tells his son,"You can have my 1997 truck,but if your grades fall,I'm taking it back." Curt:

A) has made a constructive gift.
B) has made a "revocable gift," which is effective as a gift as long as the stated condition is met.
C) has made a conditional gift.
D) has made no gift.

Question 24

Jack leases an apartment from Sam.The term of the lease was six months,beginning January 1 and ending on June 31.On July 1,Jack was still in the apartment against Sam's wishes.As of July 1,Jack's tenancy is a:

A) periodic tenancy.
B) tenancy at sufferance.
C) tenancy at will.
D) tenancy for years.

Question 25

A bailee always has a right:

A) to possession of the bailed property. Anyone who interferes with this right is liable to the bailee.
B) to use the bailed property.
C) to compensation.
D) All of the answers are correct.

Question 26

Luther gave his great-grandfather's pocket watch to his nurse because he expected to die soon.This is:

A) a testamentary gift.
B) an inter vivos gift.
C) an absolute gift.
D) a gift causa mortis.
E) Both (c) and (d).

Question 27

Whether or not the zoning board will grant a request for a variance depends upon the:

A) type of the proposed building.
B) reaction of the neighbors.
C) reason the owner claims she is harmed by the zoning ordinance.
D) All of the above.

Question 28

A bailment differs from a gift because:

A) a gift requires consideration, but a bailment does not.
B) a gift requires delivery, but a bailment does not.
C) in a bailment, only possession of the property is transferred to the bailee, whereas with a gift, both possession and ownership must pass to the donee.
D) a gift is always a contract, but a bailment is generally not a contract.

Question 29

The warranty of habitability provides:

A) the landlord may keep a tenant's security deposit for damages.
B) a landlord must meet all standards set by the local building code.
C) a tenant must not disturb other tenants.
D) a tenant cannot leave the premises before the end of the lease term but can be granted an abatement of the rent if there is a substantial defect.

Question 30

Bertha,from Chicago,traveled to San Francisco to attend a conference.Her sister,Martha,lives in San Francisco and consequently,Bertha made arrangements to spend a couple of days with her sister.The next morning sitting at the breakfast table,Bertha realizes that she packed a mismatched pair of shoes (one is black and the other is blue).Luckily,Martha wears the same size of shoes and lends Bertha a pair of black leather pumps.During the day,the shoes are damaged while Bertha is wearing the shoes.Bertha's duty of care would be a duty of:

A) extraordinary care, because this is a bailment for the sole benefit of the bailee.
B) ordinary care.
C) only slight care, because this is a bailment for the sole benefit of the bailor.
D) None of the above are correct.

Question 31

Personal property means all property other than:

A) soil, plants, and trees removed from the land.
B) minerals and crops removed from the land.
C) land and all things permanently attached to the land.
D) intangible property.

Question 32

Terry,who owns an eight-unit apartment building,has had complaints about the noise coming from the frequent parties in Unit 6.Terry,without going through any court procedures,changes the locks on that apartment while the tenants are gone so they no longer have access to the unit.Meanwhile,the tenants in Unit 1 inform Terry that their bathroom and kitchen are unusable because some pipes have frozen.After no action by Terry,the tenants in Unit 1 move out of the apartment.In these cases,the tenants in:

A) Units 1 and 6 have been actually evicted.
B) Units 1 and 6 have been constructively evicted.
C) Unit 1 were constructively evicted, and the tenants in Unit 6 were actually evicted.
D) Unit 1 were actually evicted, and the tenants in Unit 6 were constructively evicted.
E) neither unit were evicted, actually or constructively, but are subject to a tenancy at sufferance.

Question 33

In order to constitute a valid gift:

A) the donor must intend to transfer ownership of property immediately.
B) the donee must accept the gift.
C) the donor must deliver the gift property to the donee.
D) All of the above are necessary for a valid gift.

Question 34

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the:

A) mortgagee.
B) mortgagor.
C) profitor.
D) profitee.

Question 35

The purpose of recording a deed or other real estate transaction is to:

A) establish the rights between the grantor and the grantee.
B) assure the grantee that a transfer of real property is now complete.
C) establish the type of deed granted (i. e. warranty deed, special warranty deed, or quitclaim deed).
D) put the rest of the world on notice that the transaction occurred between the grantor and the grantee.

Question 36

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:

A) the college is a constructive bailee, obligated to return the textbook to Lacy, and until it does, it is liable for harm to the property.
B) the college is a bailee by agreement because holding items in a lost and found box is generally part of the college-student agreement when the student enrolls for classes.
C) the college is responsible for the discovered textbook because in this situation, the college is subject to implied warranties unless the college has disclaimed such warranties in the student handbook.
D) this is a bailment for the sole benefit of the bailee.

Question 37

A lease for six months starting on June 1,2010,would be a:

A) tenancy for years.
B) periodic tenancy.
C) tenancy at will.
D) tenancy at sufferance.

Question 38

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a:

A) bailor benefit bailment.
B) bailee benefit bailment.
C) mutual benefit bailment.
D) leasehold arrangement.

Question 39

Steve owns his house in fee simple.The state wishes to build a much-needed new highway through the center of his house.Steve does not want to give up his home.The state will be able to take the land through the use of its condemnation power,also called:

A) highway robbery.
B) adverse possession.
C) eminent domain.
D) prescription easement rights.

Question 40

Laverne knew that her house was infested with termites.Nevertheless,Laverne listed her house for sale by owner.Shirley had been looking for the perfect house for months now.She was about to give up the search when she decided to stop at Laverne's open house one Sunday afternoon.Shirley fell in love with the house,the yard,and the neighborhood.Shirley was so excited about buying this house that she did not bother to hire an attorney,hire a company to conduct a termite inspection,or talk to the neighbors about the condition of the house.Within six months after buying the house,the front porch started to crumble,exposing the rotten wood destroyed by termites.The neighbors confirmed that Laverne had mentioned that the house was infested with termites.Shirley wants out of the deal or money to repair the termite damage.Shirley's claim against Laverne would most likely be based on:

A) a duty to disclose defects.
B) the implied warranty of habitability.
C) eminent domain.
D) profit.

Question 41

Sandra and Joe own a hobby farm as tenants in common.They also own a vacation home as joint tenants.What is the difference between the tenancy in common and joint tenancy?

Question 42

Discuss the tenant's and the landlord's basic duties under a landlord-tenant relationship.

Question 43

The Rameys are selling their home.They did not set forth in the sales agreement whether the washer and dryer,the draperies,and a cherry corner cabinet which was in the dining room were to be included in the sale or whether the sellers were planning to take these items with them.The buyers are claiming these items are fixtures and should stay with the house.The Rameys are claiming they are movable goods and they should not be part of the real estate which was sold.Define "fixtures." Explain whether you think each of the contested items is a fixture and why or why not.

Question 44

Discuss whether or not the following common transactions are bailments and if so,who is the bailor/bailee,and what type of bailment is involved:

A) Renting storage space in Farmer's Frank's huge barn to keep your classic car out of the snow and ice of winter. The rental agreement provides for $100/month rent and Farmer Frank has the only access to the barn.
B) Hiring a moving company to move your belongings to a new residence.
C) Loaning your lawn mower to your neighbor.
D) Parking your car in a "park and lock" parking lot.

Question 45

Marvin conveys his estate,Wildwood,to his friend,Larry,a good faith purchaser,on Monday.Larry records the deed on Tuesday.On Friday Marvin executes a deed conveying the identical property,Wildwood,to Paula who knows nothing of the prior conveyance to Larry.Who owns Wildwood? What are the purposes of recording statutes and how do they work?