Deck 12: The Law of Property

Question 1

An estate that is not inheritable is the

A) life estate.
B) fee simple absolute.
C) fee tail.
D) fee simple conditional.

Answer 1

A

Question 2

Title is all of the following except

A) the right to ownership and possession of land.
B) the means whereby the owner has just possession.
C) the legal description officially recorded at the courthouse.
D) the evidence of ownership of land.

Answer 2

C

Question 3

The principle that property acquired during coverture is owned equally by husband and wife is called

A) equitable distribution.
B) marital property.
C) community property.
D) entireties property.

Answer 3

C

Question 4

Zoning

A) gives the government the right to condemn land.
B) determines the location of owners' properties.
C) defines permissible land use by dividing areas into categories of property.
D) separates towns and cities into quadrants for ease of identification of lots.

Question 5

A tenancy that includes the right of survivorship is the

A) joint tenancy.
B) tenancy in common.
C) life estate.
D) remainder.

Question 6

The right of a government to take property for a public use is called

A) the police power.
B) taxation.
C) confiscation.
D) eminent domain.

Question 7

The advantage of a trust over a will is that a trust

A) can provide greater flexibility over the distribution of property.
B) is not liable for taxes.
C) is administered by the court.
D) is not revocable.

Question 8

Tenancy by the entireties

A) allows a husband to avoid a wife's claim to dower.
B) is the only form of co-ownership of real property that does not include a right of survivorship.
C) is the feature of joint tenancy that allows each tenant to own the property jointly and severally.
D) is a form of ownership only enjoyed by married couples.

Question 9

Of the freehold estates, the _______ represents the ownership that includes the maximum bundle of ownership rights.

A) leasehold
B) life estate
C) fee simple absolute
D) estate by the entireties

Question 10

A _______ occurs when the owner of personal property delivers possession without intent to pass title.

A) bailment
B) trespass
C) nuisance
D) easement

Question 11

The Supreme Court in the case of Euclid v. Ambler decided that the zoning law at issue was

A) valid as an exercise of the state's power to regulate health, safety, and welfare.
B) an unauthorized taking of property rights.
C) a fair use of the eminent domain theory because there was adequate and just compensation.
D) unconstitutional.

Question 12

Most nonfreehold estates are

A) fee simple.
B) life estates.
C) joint tenancies.
D) leases.

Question 13

_______ is a means of acquiring title by occupying and using land for a certain length of time even though the occupier does not have title.

A) Eminent domain
B) Chain of title
C) Adverse possession
D) Trespass

Question 14

A conveys Blackacre to B for as long as B shall live. B conveys his interest to C. C's interest can be termed a life estate

A) until either A or C dies.
B) for as long as A lives.
C) for as long as B lives.
D) for as long as C lives.

Question 15

The process whereby real property is sold to satisfy a mortgage is called

A) adverse possession.
B) ejectment.
C) due process.
D) foreclosure.

Question 16

In Star Valley Ranch Association v. Daley, the court held that

A) property owners are bound by restrictive covenants if they took the property with notice of those covenants; therefore, the covenants can only be amended by consent of 100% of the property owners.
B) the district court did err in holding that the amended covenants were invalid as they pertained to Plats 1, 2, and 3 of the Star Valley Ranch Subdivision because 73% of all of the lot owners of record voted to amend the covenants.
C) the district court did not err in holding that the amended covenants were invalid as they pertained to Plats 1, 2, and 3 of the Star Valley Ranch Subdivision because only 60% of the lot owners in Plats 1 and 2 voted to amend their covenants, and only 63% of the lot owners in Plat 3 voted to amend their covenants.
D) the developer can amend the restrictive covenants without consent of the property owners simply to make the covenants throughout the development identical.

Question 17

A right of way over another's property is called

A) a covenant.
B) an easement.
C) eminent domain.
D) tenure.

Question 18

Fee simple estates

A) can never be alienated.
B) cannot be inherited.
C) can be sold or given away.
D) must be devised by will.

Question 19

Which of the following is a future interest?

A) Fee simple absolute
B) Life estate
C) Remainder
D) Community property

Question 20

Leaving your car with your mechanic creates a(n)

A) obligated pledge.
B) restrictive covenant.
C) bailment.
D) future interest.

Question 21

In Martin v. Bicknell , the court held that

A) the parties should have resolved the dispute over the use of the adjoining or shared driveway through arbitration rather than filing a lawsuit, and the lower court correctly dismissed the lawsuit.
B) the Martins had not pled sufficient facts to support their allegation that their use of the Bicknells' side of the driveway was adverse and exclusive, exclusivity being a requirement for a prescriptive easement.
C) the Martins' concurrent and overlapping use of the driveway with the Bicknells was entirely consistent with, and not a legitimate basis to dismiss, their claim of a prescriptive easement because exclusivity is not required.
D) the lower court determined that the Martins had failed to state a claim, either for an implied grant of an easement or a prescriptive easement, and correctly dismissed their complaint.

Question 22

In CNX Gas Company LLC v. Rasnake, the court held that

A) pursuant to the 1918 deed, the grantors mistakenly believed that all mineral rights, including coal, had previously been conveyed to others and wished to make clear that they were being excluded from the 1918 conveyance to avoid future liability under their general warranty.
B) pursuant to the 1918 deed, the grantors knew that coal alone had been previously conveyed and wished to reserve all other mineral rights to themselves.
C) the 1918 deed conveyed to Unice Nuckles and her successors in interest all of the mineral estate in the land described therein except the coal previously conveyed to others.
D) the 1918 deed was void.

Question 23

In Kelo v. City of New London, Connecticut , the court held that

A) eminent domain was unconstitutional because some of the benefits went to private individuals.
B) public purpose was narrowly defined and eminent domain was unconstitutional because the property would not be put to public use.
C) the taking of Kelo's property was appropriate under the city's eminent domain power because the development plan was for a public purpose.
D) it was unconstitutional for a state to allow the power of eminent domain to be used to satisfy a development plan.

Question 24

In Chamberlain, L.L.C. v. City of Ames, the court held that

A) the certificate of occupancy should have been granted in line with the city building official's decision concerning the lofts.
B) the city was stopped from contradicting the city building official's decision.
C) the city building official's decision that lofts were permissible was not entitled to preclusive effect because the decision was not final.
D) lofts were permissible because they were an efficient use of space demanded by the public.

Question 25

In Niesche v. Wilkinson , the court held that

A) Mary Lou and Robert were tenants in common because Mary Lou and Robert were married and the co-signed documents referred to them collectively as the "sellers," "grantors," "owner," "lessors," or "mortgagors" of the farmland.
B) the circuit court erred in concluding that Mary Lou had no ownership interest in the 960 acres.
C) the circuit court did not err in ruling that Mary Lou had no ownership interest in the 960 acres.
D) Mary Lou was a tenant in common because Robert verbally promised that half of the land would go to Mary Lou's children when she died.