Deck 1: Introduction to the Law of Real Property

Question 1

A fee simple on condition subsequent estate automatically expires on the happening or non - happening of the event stated in the deed of conveyance or the will creating the estate.

Answer 1

False

Question 2

The law of real property in general is governed by the law of the state in which the owner of the real property resides.

Answer 2

False

Question 3

Occupancy of land by someone without the permission of the owner is a trespass.

Answer 3

True

Question 4

An owner of real property generally does not own the airspace above the surface of the land.

Question 5

A life estate must always be for the life of the owner.

Question 6

Life estates are not transferable during the lifetime of the owner.

Question 7

An estate limited in its duration to a fixed period of time is known as a life estate.

Question 8

At common law, an estate at will could be automatically terminated.

Question 9

If the owner of a life estate commits waste, the life estate will terminate even though the owner is alive.

Question 10

An estate for years is the highest and best kind of estate in real property an owner can own.

Question 11

Life estates are transferable during the lifetime of the owner.

Question 12

A promise to make a gift is generally not revocable.

Question 13

A fixture is classified as real property.

Question 14

A life estate may be for the life of a person other than the owner.

Question 15

An owner of real property usually owns all of the minerals beneath the surface of the land.

Question 16

A fixture is classified as personal property.

Question 17

The law of real property in general is governed by the law of the state where the real property is located.

Question 18

A life estate owner must share the income generated from the life estate with the owner of the remainder interest.

Question 19

Since the law does not favor the free right to transfer ownership, the law will approve almost any restraint on an owner's right to transfer ownership of property.

Question 20

A fee simple absolute estate has a potential infinite duration and unrestricted inheritability.

Question 21

An estate at will is real property that passes by last will and testament.

Question 22

Trade fixtures are fixtures that can easily be traded for another type of property.

Question 23

Decisions of trial courts are generally not published.

Question 24

Inheritance is the transfer of ownership of real property when a person dies with a will.

Question 25

Personal property does not include living things such as animals.

Question 26

An heir must always be a relative of the decedent.

Question 27

Appropriation is the doctrine that states that the right to use water is given to the landowner who uses the water first.

Question 28

The doctrine of riparian rights states that the right to use water is given to the landowner who uses the water first.

Question 29

A copyright is intangible property.

Question 30

A person cannot obtain adverse possession against property that benefits the public.

Question 31

A copyright is tangible property.

Question 32

Personal property may include living things such as animals.

Question 33

"Color of title" is evidenced by a written instrument such as a deed, court decree, or judgment.

Question 34

Riparian rights is the doctrine that states that all owners of lands must share equally in the use of water for domestic purposes.

Question 35

Trade fixtures are items, such as shelving or counters, installed by a tenant on property to assist the tenant in the conduct of its business.

Question 36

Inheritance is the transfer of ownership of real property from a person who dies without a will.

Question 37

A legal treatise is a code of statutes.

Question 38

An automobile is intangible property.

Question 39

A promise to make a gift is generally revocable.

Question 40

Appropriation is the doctrine that states that all landowners must share equally in the use of water for domestic purposes.

Question 41

For purposes of adverse possession under color of title, most states consider which of the following instruments as evidence of color of title?

A) A recorded deed
B) An unrecorded deed
C) A court decree
D) A judgment
E) all of the above.

Question 42

John is in possession of property adjacent to his home. He does not have a deed to the property but has enclosed it with a fence and has planted a garden on it for the past 20 years. The property is owned by the city and is part of a large park. Does John own the property by adverse possession?

Question 43

The doctrine that states that the use of water belongs to the landowner who uses the water first is known as:

A) perpetuity.
B) riparian rights.
C) the natural flow of water doctrine.
D) appropriation.

Question 44

Aaron conveys to Bill an estate of property for 20 years and upon the expiration of the 20 years, to Carol. Carol's estate in the property would be a/an :

A) estate for 20 years.
B) estate at will.
C) remainder in fee simple.
D) successor estate for years.

Question 45

A deed that conveys property to an owner "so long as the land is used for an avocado farm" creates an estate known as:

A) fee simple on condition subsequent.
B) estate for years.
C) estate at will.
D) fee simple determinable.

Question 46

Which of the following items would not be classified as personal property?

A) Automobile
B) Fixture
C) Wheat
D) Stock certificate

Question 47

Which of the following is/are considered an act/acts of possession?

A) Enclosure
B) Cultivation
C) Occupancy
D) Construction of improvements
E) all of the above

Question 48

Henry transfers a life estate to Susan with the remainder to Tom. Tom dies before Susan. On Susan's death, the property owner is:

A) Aaron
B) Susan's heirs
C) Tom's heirs
D) Henry's heirs

Question 49

Jessica owns property at the bottom of a hill. After a heavy rain, her property is flooded. Jessica builds a dam to protect her property, but the dam causes her neighbor's property up the hill to flood. Can the neighbor sue Jessica for damages? Explain.

Question 50

Mary owns a life estate in her home. She no longer wishes to live there, and her good friend Bess wants to buy the home. Can Mary sell her life estate to Bess? If so, for how long will Bess own the home?

Question 51

Henry transfers property to Susan for the life of Tom, then to Kevin. On the death of Susan, the property owner is:

A) Tom.
B) Susan's heirs.
C) Kevin.
D) Henry.
E) none of the above

Question 52

The main method(s) of acquiring ownership to real property is/are:

A) inheritance.
B) gift.
C) sale.
D) devise.
E) all of the above.

Question 53

In addition to adverse possession being adverse, it must also be:

A) public.
B) peaceful.
C) exclusive.
D) continuous.
E) none of the above

Question 54

In determining that an item is a fixture, a court will consider which of the following?

A) The extent of the attachment of the item to the building
B) The intention of the parties
C) The character of the article in its adaptation to the real property
D) All of the above

Question 55

The typical period that a person must possess real property in order to be an adverse possessor is:

A) 1 to 3 years.
B) 25 years
C) 30 years.
D) 7 to 20 years
E) none of the above

Question 56

The conveyance of real property in a will is referred to as:

A) inheritance.
B) estate at will.
C) devise.
D) gift.

Question 57

The adding together of periods of adverse possession is called:

A) Lapping.
B) tacking.
C) accretion.
D) appending.
E) none of the above

Question 58

Which of the following is not considered real property?

A) Buildings
B) Fixtures
C) Corn
D) Elm tree

Question 59

Generally the following system(s) of law governs the law of real property:

A) federal law.
B) law of the state of the owner's residence.
C) law of the state in which the real property is located.
D) none of the above.
E) all of the above

Question 60

Failure by an owner of a life estate to adequately maintain the property subject to the life estate is known as:

A) Descent.
B) waste.
C) devise.
D) none of the above.