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.

Accepted Answer

Fixtures are items that are attached to a building or land and are considered to be part of the real property. The washer and dryer can easily be removed without damaging or altering the building, making them personal property and not fixtures. However, the furnace is a fixture because it is attached to the building and its removal would cause damage.

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.

Accepted Answer

As a bailee, Charles has the duty to take care of Tuan's car while it is in his possession, but he is not automatically entitled to use it unless that has been specified in their agreement.

Question 3

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

Accepted Answer

Landlords can be held liable if they fail to take reasonable steps to ensure the safety of the premises, especially if they were aware of potential risks or had the ability to prevent foreseeable criminal acts.

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.

Accepted Answer

Since Herley did not hand over his coat to an employee of the restaurant and instead hung it in an unattended cloakroom, the restaurant did not become a bailee of his coat. A bailee is someone who has taken possession of someone else's property with the obligation to return it or take care of it.

Question 5

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

Accepted Answer

The purpose of a title examination is to confirm the seller's ownership rights and to reveal any defects or encumbrances on the title that may affect the transfer of ownership to the buyer. In other words, it ensures that the seller has valid and marketable 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.

Accepted Answer

An easement is a legal right to use someone else's property for a specific purpose, such as accessing a highway. Therefore, Juan's right to walk or drive across his neighbor's property to reach the highway is an example of 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.

Accepted Answer

The answer of Wearever Builders constructs new houses in the...

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.

Accepted Answer

The answer of Jody loaned her neighbor,Phil,her snow blower.Phil set...

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.

Accepted Answer

In most American states, landlords have an obligation to deliver the rental property to new tenants on the agreed-upon date. This means that the previous tenant must vacate the property in time for the new tenant to move in. So, in this case, Gerald is obligated to remove the previous tenant to let Ben take possession of the rental property 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.

Accepted Answer

Granting someone the right to remove timber from your land is a nonpossessory interest known as a profit. Therefore, granting Eagle Logging the right to remove timber from ten acres would give them 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.

Accepted Answer

The statement is inaccurate. An inter vivos gift is made during the donor's lifetime, while a gift causa mortis is made by the donor, with the expectation that it will only take effect upon the donor's death, but the gift is given to the recipient during the donor's lifetime.

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.

Accepted Answer

Amber's ownership in a unit in a multi-unit apartment building and membership in an association that manages common areas indicate that she owns a condominium. In condominium ownership, the owner has a fee simple absolute in their unit and a shared interest in the common areas with other unit 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.

Accepted Answer

This statement correctly describes a fee simple defeasible, which is a type of ownership that can be terminated or altered if certain conditions are not met. In this case, Liz has granted property to AA with the condition that no alcohol is ever consumed on the premises. If this condition is violated, then the ownership of the property may be transferred to Maria and her heirs. Therefore, AA's ownership is defeasible or conditional upon their compliance with the restriction on alcohol consumption.

Question 14

Which of the following is a possessory interest in land?
A) Fee simple absolute.
B) Easement.
C) Profit.
D) License.

Accepted Answer

A fee simple absolute is a type of possessory interest in land that gives the owner exclusive and permanent ownership and control over the property. The other options listed (easement, profit, license) are examples of non-possessory interests in land that grant a specific right or use of the property, but do not give the holder full ownership and control.

Question 15

Real property consists of:
A) buildings.
B) air rights.
C) plant life.
D) All of the above.

Accepted Answer

Real property includes all of the options listed - buildings, air rights, and plant life.

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.

Accepted Answer

Grandpa gave Sue the irrevocable right to use a road on his farm, which is an example of an easement. As Grandpa signed to give Sue the right, it is considered a grant easement.

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.

Accepted Answer

While both duties are important and related to the tenant's ability to fully enjoy the rented property, they are separate legal obligations. The duty to provide quiet enjoyment refers to the tenant's right to peaceful use of the property without interference from the landlord or others, while the duty to maintain habitability requires the landlord to ensure that the property is structurally sound, safe, and comfortable for the tenant to live in.

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.

Accepted Answer

A periodic tenancy does not terminate automatically; it continues until either the landlord or tenant gives notice to end it. The arrangement described is more akin to a fixed-term lease, which ends automatically at the conclusion of the specified period.

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.

Accepted Answer

Recording a deed creates a public record of the sale, which puts the world on notice that the property is now owned by the grantee. However, the deed itself is simply a legal document between the grantor and grantee, and recording it does not change the rights and obligations between them.

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.

Accepted Answer

A built-in dishwasher is considered a fixture as it is permanently attached to the house and would be difficult to remove without causing damage to the surrounding areas. Therefore, it is generally assumed to be included in the sale of the house unless otherwise stated in the contract.

Quiz 24: Property