blaw ch. 49 practice questions

Frank tells Giselle that she can camp on Frank's beach and swim in his lake whenever she wants. With respect to the right to camp and swim, a. Frank can withdraw or revoke the right. b. Giselle can exercise the right for the duration of her life. c. Giselle can use Frank's property with impunity for perpetuity. d. Giselle can pass title to the right to her heirs.

a: Frank can withdraw or revoke the right

Italo owns one hundred acres of fertile bottomland. With respect to the land, Jana has an easement and Kessler has a profit. A right to possess the bottomland is owned by a. Italo. b. all of the choices, in proportion to the value of their respective interests. c. Jana. d. Kessler.

a: Italo

To transfer the title to Olivia's warehouse to Pete by deed requires a. Olivia's signature. b. Pete's signature. c. the signatures of the building's tenants. d. all of the choices.

a: Olivia's signature

Logging Corporation has a right to go onto Mountain Timber Company's land and harvest select trees. Logging's right is a. a profit. b. an easement. c. a right to adverse possession. d. a license.

a: a profit

Bayside Inc. pays Coastal Marina to release its claim to a strip of waterfront property. Coastal gives Bayside a deed that conveys only whatever interest Coastal has in the strip. This deed is a. a quitclaim deed. b. a deed of quiet enjoyment. c. a warranty deed. d. none of the choices.

a: a quitclaim deed

Edna and Flavia buy a cottage in Gulfport, Mississippi. On the death of either owner, that owner's interest in the dwelling passes to her heirs. This is a. a tenancy in common. b. a joint tenancy. c. ownership in fee simple. d. community property.

a: a tenancy in common

Derek deeds a parcel of timberland to Elaine as a gift. Derek has given Elaine a. a life estate. b. a fee simple absolute. c. the right to adverse possession. d. the power of eminent domain.

b: fee simple absolute

Rita has a fixed-term tenancy for her apartment with Studio Apartments. If Rita abandons the premises before the lease expires a. Studio Apartments must make a reasonable attempt to evict Rita. b. Rita may be required to mitigate her damages. c. Rita is no longer obligated to pay the rent. d. Studio Apartments may be required to mitigate its damages.

d: Studio Apartments may be required to mitigate its damages

Estes, the owner of Forest Mountain, and Gert, the tenant of a cabin on Estes's mountain, may create a fixed-term tenancy by a. express contract. b. any of the choices. c. sufferance. d. implied contract.

a: express contract

To obtain the title to land without delivery of a deed, one person must possess the property of another a. in an open, visible, and notorious manner. b. in secret. c. with the other's permission. d. with or without interruption.

a: in a visible, open, and notorious manner

Kristen signs a one-year lease for a mobile home owned by Lamont. If Kristen dies during the lease term, the lease interest a. passes to Kristen's heirs as personal property. b. returns to Lamont. c. automatically renews. d. automatically expires.

a: passes to Kristen's heirs as personal property

Brick & Mortar Stores Inc. signs a lease for a storefront owned by Commercial Properties Inc. The lease does not specify how long it is to last but does specify that rent is to be paid at certain intervals. This is a. a periodic tenancy. b. a fixed-term tenancy. c. a tenancy at sufferance. d. a tenancy at will.

a: periodic tenancy

Gaye owns the surface rights for High Desert Ranch, which includes a house, a bunkhouse, and two barns. Industrial Mining Inc. owns the subsurface rights. When the company drills for and extracts the oil beneath the ranch, the surface subsides and the structures collapse. Most likely responsible for the damage is a. Gaye. b. Industrial Mining. c. Industrial Mining and Gaye in proportion to the value of their rights. d. no one.

b: Industrial Mining

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation. On the death of either owner, that owner's interest in the warehouse passes to the surviving owner. This is a. community property. b. a joint tenancy. c. ownership in fee simple. d. a tenancy in common.

b: joint tenancy

Property Management Corporation (PMC) owns several apartment buildings in two states. Regarding standards for maintenance of the buildings, PMC should consult a. the previous owners. b. the applicable city ordinances and state statutes. c. the Uniform Landlord's Maintenance Manual. d. the long-term tenants.

b: the applicable city ordinances and state statutes

Nancy owns Office Tower, a commercial building situated on an acre of land that she also owns in Peoria, Illinois. Subject to certain qualifications, the exterior boundaries of Nancy's land extend to a. the size of a cubic acre. b. the center of the earth and up to the sky. c. infinity and beyond. d. the limits of the current building market.

b: the center of the earth and up to the sky

Aggie owns Buffalo Ranch. Aggie's ownership rights include the right to sell or give away the property without restriction, and the right to use the property for whatever purpose she sees fit. Aggie's ownership interest is a. a license. b. a life estate. c. a fee simple absolute. d. a profit.

c: a fee absolute

Richard owns Scholars Apartment House. His ownership rights include the right to sell or give away the property without restriction, as well as to use the property for whatever purpose he sees fit. His ownership interest is a. the right to adverse possession. b. a life estate. c. a fee simple absolute. d. the power of eminent domain.

c: a fee simple absolute

Jade owns a loft that she leases to Keyes and Luc. If Jade sells the loft, Keyes and Luc a. must immediately vacate the premises. b. remain Jade's tenants until the end of the lease term. c. become the tenants of the new owner. d. become the landlord.

c: become tenants of the new owner

Rosen is the life tenant of five hundred acres of land, on which is situated a previously existing mine. Rosen has the right to a. none of the choices. b. extract minerals from the mine and to dig new mines. c. extract minerals from the mine, but not to dig a new mine. d. use the land, including the mine, for any purpose, without qualification

c: extract minerals from the mine, but not to dig a new mine

Ellen conveys to Floyd an apartment with the right to possess and use the premises for a period of time specified in their express contract. This is a. a periodic tenancy. b. a tenancy at will. c. a fixed-term tenancy. d. a tenancy at sufferance.

c: fixed-term tenancy

Seaside Vistas leases an apartment to Tori. During a severe storm, the premises are destroyed by flood. Under most state laws, liable for the rent for the rest of the lease term is a. Seaside only. b. Tori only. c. no one. d. Seaside and Tori in proportionate amounts.

c: no one

Mike owns a beach house in North Carolina in fee simple. This ownership interest is a. limited to the period of Mike's life. b. limited to the period of the lives of Mike and his immediate heir. c. potentially infinite in duration. d. subject to the withdrawal or recall of the previous owner.

c: potentially infinite in duration

Urban City wants to acquire undeveloped private land within the city limits to construct a public park. The city brings a condemnation proceeding to obtain title to the land. This is a. an easement. b. the right to adverse possession. c. the power of eminent domain. d. a profit.

c: the power of eminent domain

Veda owns a house. In the house, on a tile floor is a throw rug and a heavy decorative urn. Most likely to meet the definition of a fixture is a. all of the choices. b. the urn. c. the tile floor. d. the throw rug.

c: the tile floor

Owen owns a farm in Pennsylvania. Owen's brother Quentin owns the subsurface rights to the farm. Either brother can pass title to what he owns a. only with the other's consent. b. only when the other also passes title to what he owns. c. without the other's consent. d. only by first offering to buy out the other's rights.

c: without the other's consent

Town House Apartments fails to provide the utilities to its tenants' apartments, making their use and enjoyment of the premises exceedingly difficult. This is most likely a. an assignment of the lease. b. an exercise of the landlord's property rights. c. a tenancy at sufferance. d. a constructive eviction.

d: a constructive eviction

Colleen owns a parcel of land. She tows a mobile home to the parcel and anchors it to the land near a stand of Douglas fir trees. Her real property consists of a. the land. b. the trees. c. the mobile home. d. all of the choices.

d: all of the choices

Beck and Carli are married. Carli purchases a condominium near Downhill Ski Resort. Beck and Carli each technically own an undivided one-half interest in the condo. This is a. fee simple ownership. b. a joint tenancy. c. illegal. d. community property.

d: community property

Rafe signs a one-year lease for an apartment owned by Suki. Rafe is a student and needs the apartment only for two semesters, at the end of which he plans to sublet it for the rest of the term. Rafe's tenancy is a. a tenancy at sufferance. b. a tenancy at will. c. a periodic tenancy. d. a fixed-term tenancy.

d: fixed-term tenancy

Ghani owns Hillside Vineyard. Ghani conveys some of the land "to Iona for her life." Ghani has given Iona a. a profit. b. a fee simple absolute. c. a license. d. a life estate.

d: life estate

Bebe wants to lease a duplex for two years from Country Living Inc. In most states, the lease agreement a. must be signed by a judge. b. can be oral or written. c. must be oral. d. must be in writing.

d: must be in writing

Ché has an easement that allows him to drive across Dale's land to get to Ché's house. With respect to Dale's land, Ché's right is a. the power of eminent domain. b. a possessory interest. c. a right to adverse possession. d. a nonpossessory interest.

d: nonpossesory interest

Sergio rents an apartment from Taylor for a stated period of one year. The lease does not include a provision for renewal or extension. At the end of the lease term, possession of the apartment most likely a. remains with Sergio absent notice by the tenant. b. remains with Sergio until notice by Taylor. c. remains with Sergio under an implied renewal or extension provision. d. returns to Taylor.

d: returns to taylor

Bob owns twenty acres of land on the side of a mountain in Colorado. He files a suit against the Durango Flight School, claiming that its planes flying over his land violate his property rights. To succeed, his best argument is a. the planes fly over more than twice a day. b. the planes are effectively taking private property for private use. c. there are other routes the planes could take. d. the flights are low and frequent, interfering with enjoyment of his land

d: the flights are low and frequent, interfering with enjoyment of his land