Question 1

An estate that is not inheritable is the
A) life estate.
B) fee simple absolute.
C) fee tail.
D) fee simple conditional.

Accepted Answer

A life estate is an interest in property that lasts for the life of the holder of the estate, and it cannot be inherited because it automatically ends upon the death of the holder.

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.

Accepted Answer

Title refers to the legal right to own, possess, use, control, and dispose of land or property. It is evidence of ownership (D), involves the right to ownership and possession (A), and means by which the owner has just possession (B). However, the legal description officially recorded at the courthouse (C) is not the title itself but rather a detailed way of describing the property in legal terms, which is part of the documentation associated with the title.

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.

Accepted Answer

Community property is the legal principle that property acquired during marriage (coverture) is owned equally by both spouses. This concept is recognized in several jurisdictions, primarily in the western United States.

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.

Accepted Answer

Zoning is a regulatory tool that municipalities use to control land use and development. It involves dividing land into zones or districts, each with its own set of rules regarding what types of buildings and activities are allowed. This helps ensure that land is used efficiently and in a way that benefits the community, such as by keeping industrial areas separate from residential neighborhoods.

Question 5

A tenancy that includes the right of survivorship is the
A) joint tenancy.
B) tenancy in common.
C) life estate.
D) remainder.

Accepted Answer

Joint tenancy includes the right of survivorship, meaning when one tenant dies, their interest in the property automatically passes to the surviving tenant(s), rather than to the deceased tenant's heirs or through their will.

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.

Accepted Answer

Eminent domain is the right of a government or its agent to expropriate private property for public use, with payment of compensation.

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.

Accepted Answer

Trusts can offer more flexibility in how assets are distributed to beneficiaries, allowing for more detailed instructions and conditions than a will typically allows.

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.

Accepted Answer

Tenancy by the entireties is a special form of ownership that is reserved exclusively for married couples. It provides both parties equal undivided interest in the property and includes a right of survivorship, meaning upon the death of one spouse, the surviving spouse automatically becomes the sole owner of the property. This form of ownership inherently recognizes the unity of the marriage, distinguishing it from other forms of co-ownership like joint tenancy or tenancy in common.

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

Accepted Answer

The fee simple absolute estate represents the most complete form of ownership of real property, including the full bundle of rights such as the right to sell, lease, bequeath, and use the property in any legal manner.

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

Accepted Answer

A bailment occurs when the owner of personal property delivers possession of that property to another person without intending to transfer ownership. This is common in situations like valet parking or dry cleaning, where the property is temporarily entrusted to someone else for a specific purpose.

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.

Accepted Answer

The Supreme Court in Euclid v. Ambler upheld the zoning law as a valid exercise of the state's police power to regulate health, safety, and welfare, establishing a precedent for the legality of zoning ordinances across the United States.

Question 12

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

Accepted Answer

Nonfreehold estates are typically leases, which are temporary and do not involve ownership of the property.

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

Accepted Answer

Adverse possession allows a person to gain legal ownership of property by occupying it for a specific period of time, under certain conditions, even without the legal title.

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.

Accepted Answer

C's interest in Blackacre is a life estate pur autre vie, which means "for the life of another." Since B was the original life tenant, C's interest will last for the duration of B's life, regardless of C's lifespan.

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.

Accepted Answer

Foreclosure is the legal process by which a lender attempts to recover the amount owed on a defaulted loan by taking ownership of and selling the mortgaged property.

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.

Accepted Answer

The court held that the amended covenants were invalid because the required percentage of lot owners in each plat did not vote to amend the covenants, thus the district court did not err in its decision.

Question 17

A right of way over another's property is called
A) a covenant.
B) an easement.
C) eminent domain.
D) tenure.

Accepted Answer

An easement is a legal right to use another's land for a specific limited purpose.

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.

Accepted Answer

Fee simple estates represent the highest level of ownership interest one can have in real property, allowing the owner to sell, lease, or transfer the property at will, including through sale or gift.

Question 19

Which of the following is a future interest?
A) Fee simple absolute
B) Life estate
C) Remainder
D) Community property

Accepted Answer

A remainder is a future interest because it is an interest in property that becomes possessible upon the expiration of a prior estate, such as after a life estate ends.

Question 20

Leaving your car with your mechanic creates a(n)
A) obligated pledge.
B) restrictive covenant.
C) bailment.
D) future interest.

Accepted Answer

Leaving your car with your mechanic creates a bailment, which is a legal relationship where physical possession of personal property is transferred from one person (the bailor) to another (the bailee) who subsequently has possession of the property, but the title to the property remains with the bailor. This is common in situations where property is left for repair or safekeeping.

Quiz 12: The Law of Property

An estate that is not inheritable is the

Title is all of the following except

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

Zoning

A tenancy that includes the right of survivorship is the

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

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

Tenancy by the entireties

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

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

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

Most nonfreehold estates are

_______ 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 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

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

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

A right of way over another's property is called

Fee simple estates

Which of the following is a future interest?

Leaving your car with your mechanic creates a(n)