Question 1

If confusion occurs as a result of the act of a third party,that third party acquires ownership rights in proportion to the amount confused.

Accepted Answer

This statement is false. Confusion does not result in ownership rights for a third party. Confusion occurs when two or more parties have similar or identical property and it is unclear who the rightful owner is. The resolution of confusion typically involves determining the original owner and tracing the property back to its source.

Question 2

If property is owned as community property,each spouse owns an undivided one-half interest in it.

Accepted Answer

Community property is a legal concept that applies to property acquired during marriage. In community property states, each spouse is considered to own an undivided one-half interest in the property. This means that both spouses have an equal claim to the property, and if they divorce, it will usually be divided equally between them.

Question 3

A person who holds all rights in property owns the prop?erty in fee simple.

Accepted Answer

Fee simple ownership is the highest degree of ownership that a person can hold in a property, where they own the property outright and have the right to sell, use, or transfer it as they see fit. Therefore, if a person holds all rights in a property, they would own it in fee simple.

Question 4

The most common way to acquire personal property is to "capture" it.

Accepted Answer

While capturing property may be one way to acquire it (e.g. picking up a rock on the ground), there are many other ways to obtain personal property such as purchasing it, receiving it as a gift, inheriting it, or trading for it.

Question 5

Property voluntarily placed somewhere by its owner and inadver?tently forgotten is lost property.

Accepted Answer

The answer of Property voluntarily placed somewhere by its owner...

Question 6

A gift to a dying donee is a gift causa mortis.

Accepted Answer

The answer of A gift to a dying donee is...

Question 7

Constructive delivery occurs when property is physically transferred.

Accepted Answer

The answer of Constructive delivery occurs when property is physically...

Question 8

One way to acquire ownership rights to property is merely to possess it.

Accepted Answer

In some cases, possession of property for a certain period of time without interference from the true owner can lead to adverse possession, resulting in ownership rights being acquired through possession alone.

Question 9

Property used by a government for a public purpose such as a park is community property.

Accepted Answer

The answer of Property used by a government for a...

Question 10

A joint tenant's sale of his or her interest terminates the joint tenancy.

Accepted Answer

When a joint tenant sells their interest, it automatically terminates the joint tenancy and creates a tenancy in common between the remaining joint tenant and the new buyer.

Question 11

A promise to deliver a gift is constructive delivery.

Accepted Answer

The answer of A promise to deliver a gift is...

Question 12

Only two persons can hold property as tenants in common.

Accepted Answer

There is no limit to the number of persons who can hold property as tenants in common.

Question 13

An unlimited number of persons can hold property as joint tenants.

Accepted Answer

Joint tenancy allows for an unlimited number of persons to hold property together with equal rights of possession and survivorship.

Question 14

Co-ownership in which each of two or more unmarried persons owns an undivided interest in property is a tenancy by the entirety.

Accepted Answer

Co-ownership in which each of two or more unmarried persons owns an undivided interest in property is actually a tenancy in common. Tenancy by the entirety is a type of co-ownership that is only available to married couples.

Question 15

A gift causa mor?tis is effective only if the donor dies and the donee lives.

Accepted Answer

The term "causa mortis" refers to a gift made in anticipation of the donor's impending death. Such gifts are only effective if the donor dies and the donee (recipient) survives. Therefore, the statement is true.

Question 16

Tangible personal property has physical substance.

Accepted Answer

Tangible personal property can be physical objects such as a car, furniture, or jewelry that can be touched and felt.

Question 17

A gift is effective whether or not it is accepted.

Accepted Answer

The answer of A gift is effective whether or not...

Question 18

Delivery of intangible personal property must be done by sym?bolic delivery.

Accepted Answer

Intangible personal property, such as intellectual property or electronic documents, cannot be physically transferred, so they must be delivered symbolically, such as through email or a digital download.

Question 19

A co-tenancy is presumed to be a tenancy in common unless there is a clear intention to establish a joint tenancy.

Accepted Answer

This statement is true according to common law principles. A co-tenancy is typically presumed to be a tenancy in common unless the co-tenants specifically agree to establish a joint tenancy.

Question 20

Estray statutes determine ownership rights in fungible goods that have been com?mingled.

Accepted Answer

The answer of Estray statutes determine ownership rights in fungible...

Quiz 28: Personal Property and Bailments