Property Law Exercises

Exercises

Choose the best answer to the following questions.

1. When airplanes fly over your home, are your property rights violated?

1. No,never.
2. Normally, no, unless the flights are low and frequent.
3. Yes,because you own all the air above your home,into outer space.

- D. Normally, no, based on your right to quiet use and enjoyment of the property.

2. A fee simple absolute is defined as:

1. an interest in land that exists only for the life of some person.                               :
2. a future non- possessory interest in real property.
3. an ownership interest that can be taken away upon the occurrence or nonoccurrence of a specified event.
4. an ownership interest in land in which the owner has the greatest possible aggregation of rights and privileges.

3. Until the closing of a sale of real estate, deposits toward the purchase price are normally held: '

1. in an escrow account.
2. by the seller.
3. by the buyer.
4. in a safe - deposit box.

4. In order to hold property adversely, which of the following elements is NOT required?

1. The possessor must have the owner’s permission to be on the property.
2. The possession must be actual and exclusive.
3. The possession must be open, visible, and notorious.
4. The possession must be continuous and peaceful.

5. Who has the ultimate ownership rights to land in the United States?

1. The person who buys the land.
2. The federal government.
3. The local government.
4.  A homeowner’s association

6. Under what conditions may the U. S. government take your land?

1. For a private purpose and with just compensation.
2. For a public purpose and with just compensation.
3. Whenever it pays fair market value for the land.
4. For a public purpose,with just compensation and the landowner’s consent.

7. Greg leases an apartment from Meredith. In this situation,Meredith is known as_:

1. the lessor.
2. the lessee.
3. the tenant.
4. the debtor.

8. Typically, how is a landlord-tenant relationship established?

1. by word - of - mouth
2. by  a lease contract
3. by a court declaration
4. by adverse possession

9. Which of the following does a written lease contract NOT need to do to create a landlord - tenant relationship?

1. Indicate the length of the term of the lease.
2. Describe the property.
3. Provide for insurance coverage of the tenant’s personal property.
4. Express an intent to establish the relationship

10. The landlord is responsible for maintaining stairways, elevators, and hallways. These places are known as:

1. gray areas.

13. common areas.

3. offsite premises.                        ^:                       

4. community property.

11. Rose, owner of Roseacre, granted to Morgan, owner of Diamondacre, an easement of way. Rose then went to Japan to live. Morgan then moved into possession of Roseacre and used it openly and exclusively,paying the taxes,for 23 years. He did not use this easement during that period. Rose returned and tried to evict Morgan from Roseacre. The court held that Morgan had acquired Roseacre by adverse possession. Morgan then sold Roseacre back to Rose who then put a chain across the easement.

Morgan has now brought an action to remove the chain. In most jurisdictions, Morgan will

1. Lose,because he abandoned his easement.
2. Lose,because he did not use his easement for the statutory peroid of 20 years.
3. Lose,because,rather than using his easement,he used all of Roseacre.
4. Win,because mere non - use of an easement does not extinguish it.

12. A deed executed by A in 1992 conveyed Blackacre for a consideration of one dollar, receipt of which was acknowledged," to B for life,but if liquor is ever sold on Blackacre,then to C and his heirs, and if for any reason the interest hereby conveyed to C is not valid, then I reserve the right to reenter Blackacre and take back my property. "In 1994,B died before the wheat he had planted could be harvested. Who is entitled to the proceeds of the crop?

1. B’s heirs.                                                              ^
2. C.
3. A. ,
4. Divided equally between B’s heirs and A.

13. Several years ago, Howe sold the eastern two - thirds of his land to Richardson, who soon thereafter constructed an abode there. One year later,Richardson cleared a path from her abode across Howe’s retained land to a road that abuts the western boundary of Howe’s land. This path is very convenient to Richardson’s use of her land and Richardson uses it daily. The path is readily apparent to anyone. In fact,Howe stood by and watched Richardson clear it. Re­cently, Howe put a barrier across the path.

Richardson now has brought an action to have the barrier removed. The theory which would give Richardson her best chance of success would be;

1. Richardson has an easement by necessity. This would depend on the strength of the court’s feeling about the use of the land.
2. Richardson has an easement by implication. This would depend on whether the conven­ience was sufficiently strong to amount to "reasonably necessaiy. "
3. Richardson has an easement by prescription. This would depend on the length of time she used the path prior to the erection of the barrier.
4. None of the above.

14. Trespasser T1 captures a wild animal on O’s land and carries it off, confining the ani­mal in a cage on Tl’s land. Trespasser T2 then trespasses on Tl’s land and takes the animal. Which of the following statements is most nearly correct concerning the relative ownership rights in the animal among 0,T1 ,and T2?

1. T1 owns the animal, although T1 may be liable to 0 for trespass; O’s failure to take the animal into actual possession means that 0 lost any claim when the animal left O’s land,but T1 had actual possession at the time of T2’s trespass,so T1 also prevails over T2.
2. T2 owns the animal;O’s failure to take the animal into actual possession means that 0 lost any claim when the animal left O’s land, and T1 has no valid claim because T1 acquired the animal by means of trespass, a wrongful act.
3. 0 is the owner of the animal because the animal’s presence on O’s land gave 0 actual

possession;as between T1 and T2,T1 has the better claim because T1 was first in time.

4. 0 is the owner of the animal because the law deems 0 to have had constructive posses­sion , as a means of discouraging trespass; as between T1 and T2, T1 has the better claim be­cause T1 had actual possession.

15. A prospective land purchaser named Paul consults Amos,a local attorney, about the le­gal implications of various types of deeds. Paul’s goal is to obtain promises from the seller to en­sure as completely as possible against Paul’s bearing the risk of any title defect. Assuming Amos is a competent attorney in the practice of real estate, what type of deed will he likely suggest that Paul obtain from the seller in the course of a transaction?

1. A general warranty deed.
2. A comprehensive liability deed.
3. A special warranty deed.
4. A quitclaim deed.

16. The Rule Against Perpetuities states that no interest in property is valid unless it must vest, if at all, not more than HOW MANY YEARS after one or more lives in being at the crea­tion of the interest?

1. 2 years.

R. 10 years.

3. 18 years.

4. 21 years.

17. Peter’s mother - in - law, Deborah, was recendy^-diagnosed with cancer. It is believed to be curable,but Deborah wants to make sure she"has her affairs in order"in case the cancer becomes terminal. She approaches her attorney, Nicodemus, to ensure that her estate planning is appropriately executed. Deborah tells Nicodemus," I currently own Greenacre and have full title to it. I love spending time there. It’s located away from the city,and it’s so peaceful. Peter has been like a son to me,and if anything happens to me,I want to give Greenacre to him. I'd prefer to possess Greenacre until I actually die,but Id like for it to immediately transfer to Peter upon my death. Is this even possible?" Nicodemus will likely suggest that Deborah'should execute a deed conveying what interests to herself and Peter,respectively?

1. A fee simple absolute to Deborah and an easement to Peter.
2. A life estate to Deborah and a tenancy in common interest to Peter.
3. A fee simple absolute to Deborah and a tenancy in common interest to Peter.
4. A life estate to Deborah and a remainder interest to Peter.

18. In 1992, Johnson conveyed 100 acres of his Red Oak farm in Dallas County to Wil­liams. The deed contained the following covenants; (1) seisin, (2) right to convey and(3) a- gainst encumbrances. Subsequently, Williams conveyed the property to Allen by warranty deed. However, Allen is later evicted by Davidson because of paramount title.