Deck 49: Real Property

Question 1

An easement is not only a right in the land of another, but it is also a right that belongs to the land that is benefited.

Answer 1

True

Question 2

Liens on land may be created voluntarily by the owner of land or involuntarily against the wishes of the owner.

Answer 2

True

Question 3

A license is different from an easement in that it is a personal, revocable privilege to do something on the land of another.

Answer 3

True

Question 4

Under a freehold estate, a person owns property only for a specified number of years.

Question 5

At common law, the occupier of land owed the same duty to both licensees and invitees.

Question 6

Licensees are on the premises with the permission of the landowner.

Question 7

If the parties involved agree that personal property will be considered a fixture, it will be deemed to be a fixture without the application of legal tests.

Question 8

The general view is that although the owner of land owns the space above the land, such ownership is entirely subject to the rights of flying aircraft, even if the aircraft should interfere with the use of the land and represent a danger to persons or property on the land.

Question 9

Personal property generally becomes a fixture if it is so attached to the realty that it cannot be removed without materially damaging the realty.

Question 10

The right to cut firewood from another's property would constitute a profit.

Question 11

Small children are afforded additional protection against the trespass rule through the "attractive nuisance" doctrine.

Question 12

Personal property that has become a fixture is still classified as personal property.

Question 13

Technically, land is considered as extending downward to the earth's center and upward indefinitely.

Question 14

Under the common law, all parties entering on real property were owed the same duty of care.

Question 15

The fact that an item may be unplugged conclusively indicates that the item is not a fixture.

Question 16

An easement may be created only by deed.

Question 17

A trade fixture is a fixture that is traded in by the owner when purchasing new fixtures.

Question 18

A fixture is personal property that has been attached to the earth or placed in a building in such a way or under such circumstances that it has become part of the real property.

Question 19

Real property includes land, buildings and fixtures, and rights in the land of another.

Question 20

A license may be terminated at the will of the licensor.

Question 21

Real property includes:

A) land.
B) buildings and fixtures.
C) rights in the land of another.
D) all of the above.

Question 22

Characteristics of the fee simple estate include all of the following except:

A) it is alienable during life.
B) it is not subject to rights of the owner's surviving spouse.
C) it is alienable by will.
D) it can be attached or used to satisfy the owner's debts before or after the owner's death.

Question 23

Which of the following represents a duty owed by a landowner to a trespasser?

A) the duty to refrain from causing intentional harm once the presence of the trespasser is known
B) the duty to warn the trespasser of dangers existing on the premises
C) the duty to make the premises safe to protect the trespasser from harm
D) none of the above, since a landowner has no legal duty to a trespasser

Question 24

Equipment attached to a rented building by a tenant and used in business is:

A) called a trade fixture.
B) not ordinarily removable by the tenant.
C) called a commercial fixture.
D) called a business fixture.

Question 25

In general, any form of property that may be sold or conveyed may be mortgaged.

Question 26

A personal, revocable privilege to perform an act or series of acts upon the land of another is called a(n):

A) easement.
B) tenement.
C) license.
D) lien.

Question 27

A condominium is a combination of co-ownership and individual ownership.

Question 28

A deed, like a contract, must be supported by consideration to be effective.

Question 29

A deed that has been properly executed and delivered by the grantor, but has not been acknowledged or recorded, remains binding as between the grantor and the grantee.

Question 30

To which of the following parties does the landowner owe a duty to take reasonable steps to discover any danger and a corresponding duty to warn the party of or correct the discovered danger?

A) trespasser
B) licensee
C) invitee
D) all of the above

Question 31

A condominium and a cooperative are essentially the same.

Question 32

Title to land may be acquired by adverse possession.

Question 33

Recording statutes provide that a person purchasing land from the last holder of record will take title free of any unrecorded claim to the land of which the purchaser does not have notice or knowledge.

Question 34

A deed is not effective to pass title unless it is properly recorded.

Question 35

A __________ is a combination of co-ownership and individual ownership.

A) cooperative
B) residential lease
C) commercial lease
D) condominium

Question 36

For a deed to be effective, the grantee must clearly indicate, either expressly or by conduct, an intention to accept the deed.

Question 37

Personal property that is attached to the earth or placed in a building in such a way or under such circumstances that it is deemed part of the real property is called a(n):

A) asset.
B) estate.
C) easement.
D) fixture.

Question 38

The rights of the mortgagor after default include the right to obtain a stay of foreclosure to prevent undue hardship and a right of redemption.

Question 39

Small children who trespass on land may be owed a special duty of care based on the doctrine of:

A) caveat emptor.
B) res ipsa loquitur.
C) comparative negligence.
D) attractive nuisance.

Question 40

Which of the following statements is incorrect about fixtures?

A) Personal property may become a fixture by annexation to the realty.
B) Personal property may become a fixture by adaptation to the realty.
C) Personal property may become a fixture based on the intent of the person affixing the personal property to the realty.
D) Personal property that is readily removable from the realty is generally a fixture.

Question 41

Frank has two interests in property. On property "X," Frank has a life estate measured by the life of his Uncle Sal. On property "Y," Frank has a fee simple estate. Frank wishes to transfer, upon his death, his interest in the two properties to his wife, Samantha. Prior to Frank's executing his will, Uncle Sal dies. Frank still wishes to will the properties to his wife, but he now is uncertain whether he has the right to do so. Can Frank will the two property interests to Samantha?

Question 42

Which statement is incorrect concerning mortgages?

A) The mortgagee's interest terminates upon performance of the obligation secured by the mortgage.
B) The mortgagee has the right to enforce the mortgage by foreclosure upon default by the mortgagor.
C) An unrecorded mortgage is invalid between mortgagor and mortgagee.
D) Generally, no particular form of language is required to create a mortgage.

Question 43

What type of deed merely transfers whatever interest, if any, the grantor may have in the property, without specifying that interest in any way?

A) common law
B) statutory
C) quitclaim
D) warranty

Question 44

Which is not a correct statement about deeds?

A) The grantor must sign the deed.
B) A deed must be recorded to effectively pass title.
C) The fact that a deed is recorded provides notice to the world about who holds title.
D) A deed must be delivered to be effective.

Question 45

Ulysses bought Whiteacre from Gordon but never recorded the deed. Gordon stayed on the property as a tenant for three (3) years. Near the end of the three (3) years, Gordon learned that Ulysses had never recorded the deed. Gordon advertised Whiteacre for sale and Cheryl negotiated with Gordon thinking that Gordon was the owner. Finally, Cheryl checked the records at the recording office and, finding no reason to question Gordon's ownership of the property, purchased Whiteacre from Gordon. Cheryl recorded the deed and Gordon fled with the purchase money. Meanwhile, Ulysses had failed to pay the real estate taxes on Whiteacre for the three (3) years in question thinking it was the responsibility of Gordon, the tenant. Ultimately, Cheryl and Ulysses disputed over the ownership of the property. Decide the case between Cheryl and Ulysses. Also decide whether Ulysses is responsible for the three (3) years of real estate taxes assessed while Gordon occupied the property as a tenant.

Question 46

Property may be taken from its private owner and the title acquired by the taking government or public authority under the power of:

A) a restrictive covenant.
B) eminent domain.
C) an affirmative covenant.
D) restraint.

Question 47

A guarantee that the grantor owns the estate conveyed is called a covenant:

A) of right to convey.
B) against encumbrances.
C) of quiet enjoyment.
D) of seisin.

Question 48

In general, a mortgagor is under a duty to:

A) make improvements to the mortgaged property.
B) insure the property.
C) pay taxes and assessments on the property.
D) reimburse the mortgagee for expenditures made by the mortgagee for valuable and lasting improvements.

Question 49

A promise that the grantor of an interest in land will execute any additional documents required to perfect the title of the grantee is known as a covenant:

A) of seisin.
B) of further assurances.
C) against encumbrances.
D) of quiet enjoyment.

Question 50

Which of the following can constitute an effective delivery of a deed?

A) a physical delivery
B) a symbolic delivery
C) a constructive delivery
D) all of the above

Question 51

A summarized report of title to property is called:

A) title protection insurance.
B) title assessment insurance.
C) an abstract of title.
D) an instrument of title.

Question 52

A covenant that passes with the land so that whoever owns the land is bound by or entitled to the benefit of the covenant

A) is a covenant of seisin.
B) is a covenant of further assurances.
C) is a covenant of quiet enjoyment.
D) is said to run with the land.

Question 53

Tucker and Hankey were adjoining property owners. Tucker claimed that the fence separating their properties was not located properly and that it should be moved back onto Hankey's land. Hankey claimed that he owned the strip between the fence and the alleged boundary line by adverse possession. He proved that for forty (40) years there had been on the strip in question a barn with a cement floor, which had been built by the person from whom he purchased his land, and that he had been told by the former owner that the fence was the boundary line. The fence consisted of five-foot-high barbed wire set in cement. Did Hankey own the strip by adverse possession?