Ch 8

100. Which of the following is a servitude: (A) an easement (B) an allotment (C) a life estate (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A)

18. Property interests are people's right: (A) to deny others the use of "things" in which there is a legal interest (B) to obtain property by the claimant process (C) to sell property "without preconditions" (D) to advertise property (E) none of the other choices are correct

(A)

2. Chattel is the traditional term for: (A) personal property (B) real property (C) false property (D) livestock (E) patents

(A)

66. One who possesses lands by any right or title is referred to as a: (A) holder (B) possessor (C) tenant (D) private property owner (E) none of the other choices are correct

(C)

101. Which of the following is a servitude: (A) a covenant (B) an allotment (C) a life estate (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A)

104. Cary allows Kail to ride his horse on trails located on Cary's 800-acre ranch, whenever he wants, for $1,000. This arrangement is generally known as: (A) an easement (B) a covenant (C) a deed (D) a seisin (E) a remainder

(A)

106. The right of utility companies to run power lines over land and put water lines under private property is based on: (A) an easement (B) a covenant (C) a deed (D) a seisin (E) a remainder

(A)

110. A burden on another person's estate is a(n): (A) easement (B) profit (C) possession (D) life estate (E) fee absolute

(A)

112. Positive easements: (A) allow the easement holder to go on the estate for certain purposes (B) do not allow the easement holder to physically go on the estate (C) prevent the landowner from using the estate in the same way as the easement holder (D) are issued by the state supreme court (E) none of the other choices are correct

(A)

113. A negative easement is one under which the estate owner: (A) gives up a right he would normally have (B) does not give up any rights (C) gives all property rights to the easement holder (D) gives up all rights to natural resources on the estate (E) none of the other choices are correct

(A)

115. A profit is: (A) the right to remove valuable things from one's estate (B) the right to go on to an estate (C) the right to sell an estate (D) the right to buy an estate (E) the right of first refusal when an estate is sold

(A)

120. A hostile user is someone who: (A) has no right to occupy or use an estate and does so without permission (B) has limited rights to occupy or use an estate (C) has unlimited rights to occupy or use an estate, but exercises his rights in an antagonistic way (D) was granted rights to use an estate by a previous estate owner (E) none of the other choices are correct

(A)

136. A covenant is: (A) an agreement attached to a piece of land that "runs" with the land (B) an agreement attached to a moveable piece of property that can only be undone by a state supreme court (C) an unwritten promise between landowners (D) the first step in bringing a property suit to court (E) none of the other choices are correct

(A)

144. In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet, brick construction, with no dog houses. These terms are: (A) covenants (B) easements (C) profits (D) leases (E) deeds

(A)

135. A covenant may be described as: (A) a promise that attaches to real property (B) a positive obligation for an estate owner to do something (C) a negative obligation for an estate owner not to do something (D) an obligation imposed on a new owner of property (E) all of the other choices

(E)

137. A covenant is: (A) the same thing as a title (B) an agreement attached to a moveable piece of property that can only be undone by a state supreme court (C) an unwritten promise between landowners (D) the first step in bringing a property suit to court (E) none of the other choices are correct

(E)

139. A means by which owners of estates in land can make agreements that bind their successors is called a(n): (A) lien (B) estate limitation (C) mortgage (D) possessory (E) none of the other choices are correct

(E)

14. Real property includes which of the following: (A) oil (B) land (C) trees (D) buildings (E) all of the other choices

(E)

141. A binding obligation that goes with property when it is transferred to a new owner, who must abide by the obligation, is called a(n): (A) lien (B) estate limitation (C) mortgage (D) possessory (E) none of the other choices are correct

(E)

247. A(n) ____ an unreasonable interference with a right held in common by the general public. (A) public nuisance (B) property nuisance (C) private nuisance (D) unreasonable nuisance (E) none of the other choices are correct

(A)

36. A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title is a(n): (A) warranty deed (B) special warranty deed (C) surface deed (D) assurance deed (E) quitclaim deed

(A)

47. Title insurance may not protect against: (A) claims against the property that were not known in the public records at the time the title search was done (B) claims against the property that were known in the public records at the time the title search was done (C) claims against the property that were not known in the public records until the title search was done (D) claims against the property made by a third party (E) none of the other choices are correct

(A)

50. If there are ____ found in a title during a title search the title is said to be clouded. (A) defects (B) mistakes (C) typos (D) missing terms (E) none of the other choices are correct

(A)

58. Fee simple is: (A) the most common form of real property ownership (B) the least common form of real property ownership (C) the most least form of private property ownership (D) the most controversial type of real property ownership (E) none of the other choices are correct

(A)

6. Real property differs from personal property in that real property: (A) is immovable while personal property is movable (B) is movable while personal property is immovable (C) is worth more than personal property (D) can be sold while personal property cannot be sold (E) can be taxed while personal property cannot be taxed

(A)

71. A joint tenancy is one in which: (A) two or more persons have equal interests in the property with rights of joint survivorship (B) two or more persons have equal interests in the property with no right of survivorship (C) one person owns all the interests in the property, but two people will inherit equal shares when the current tenant dies (D) one person owns all the interests in the property and has designated who will inherit it when the current tenant dies (E) none of the other choices are correct

(A)

73. If one has the right to occupy a piece of property until their death, at which point title to the property passes to heirs who have been named by the owner of the property, there is a: (A) life estate (B) joint tenancy (C) tenancy in common (D) residual interest (E) none of the other choices

(A)

75. A life estate grants a person: (A) the right to be a tenant for life (B) the right to be a tenant for up to 60 years (C) the right to be a tenant until retirement (D) exemption from property taxes (E) none of the other choices are correct

(A)

250. Thoni Manufacturing disposes of its waste water by dumping it into the Cowpasture River. This contaminates the water supply of the city of Covington. This example shows: (A) a private nuisance (B) a public nuisance (C) a conversion (D) premises liability (E) all of the other choices

(B)

261. Which of the following is an intentional tort against real property: (A) defamation (B) conversion (C) malicious prosecution (D) invasion of privacy (E) none of the other choices

(B)

268. In cases involving businesses, where the public enters the business as a part of doing business, the law presumes the property: (A) is surrounded by guards at all times (B) is safe for public admission (C) is owned by the person who runs the business (D) owner owes the public no particular duty of care (E) none of these

(B)

280. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. Suppose that when Jill purchases her land there is a ruin of an old pre-Civil War Episcopal Church on the property. The ruin is best described as:* (A) a fee defeasible (B) real property (C) personal property (D) devised property (E) enfoeffed property

(B)

283. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. Grady comes to Jill, after she was purchased the 3 acres of land and asks her if he can fish on her property. Jill tells Grady that she will be happy to allow him to fish on her land whenever he wishes, so long as he pays her $500.00 per year for the right. If Grady agrees and he and Jill write an agreement to this effect, what they have is:* (A) a covenant (B) an easement (C) a collective right (D) a disenfranchised right (E) an easement by prescription

(B)

158. In general, leases should include which of the following: (A) the average taxes due on the property each year (B) the name of the original owner of the property (C) how long the lease will be in effect (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

159. In general, leases should include which of the following: (A) the average taxes due on the property each year (B) the name of the original owner of the property (C) a description of the premises being leased (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

160. In general, leases should include which of the following: (A) the average taxes due on the property each year (B) the name of the original owner of the property (C) the identities of the parties involved (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

162. During the term of the lease the ____ has the right of possession of the property. (A) landlord (B) leasehold (C) tenant (D) court (E) none of the other choices are correct

(C)

169. The destruction of property by a tenant is called: (A) abuse (B) domain (C) waste (D) seizin (E) none of the other choices

(C)

177. A "vanilla shell" building is: (A) one with full furnishing (B) one without interior finish (C) one with four finished walls, heating and cooling, a restroom and suspended ceiling (D) one that is not completely constructed (E) one that has illegal activity occurring in it

(C)

190. If the government forces you to sell 10 acres of your land to the Park Service, the Constitution requires that: (A) you pay the government (B) you continue to pay taxes on the land (C) the government pay you "fair market value" for the land (D) the government re-convey the title to the land to your heirs once it is done using it (E) none of these

(C)

195. Governments must pay just compensation when exercising the right of eminent domain. Just compensation is usually the: (A) highest price the government can afford (B) price the landowner demands (C) fair market value (D) cash market value (E) bond market value

(C)

196. When a local government regulates the way in which homeowners may use their land, this is an exercise of the government's: (A) fiduciary powers (B) obligatory powers (C) police powers (D) derivative powers (E) olfactory powers

(C)

198. A local government's police power is: (A) the power to arrest disturbers of the peace (B) the power to arrest people engaged or suspected of engaging in illegal activities (C) the power to regulate behavior to protect or promote the general welfare (D) the power to seize land without paying for it (E) the power to seize land for law enforcement agencies

(C)

201. Since the 1920s the primary method of local land control has been: (A) easements (B) eminent domain (C) zoning (D) taxation (E) tort suits

(C)

207. Which of the following is an example of something regulated by a zoning rule: (A) ethnicity of people in a neighborhood (B) tax burdens (C) building size (D) number of judges appointed to a county (E) all of the other specific choices are correct

(C)

208. Which of the following is an example of something regulated by a zoning rule: (A) ethnicity of people in a neighborhood (B) tax burdens (C) building height (D) number of judges appointed to a county (E) all of the other specific choices are correct

(C)

209. Which of the following is an example of something regulated by a zoning rule: (A) ethnicity of people in a neighborhood (B) tax burdens (C) population density (D) none of the other specific choices are correct (E) all of the other specific choices are correct

(C)

124. Which of the following is not a characteristic of adverse possession? (A) it is hostile use of another person's land (B) the adverse user has no legal right to occupy the land (C) the use of land is exclusive (D) the possession of the land is continuous (E) all of the other choices are characteristics

(E)

126. Which of the following is not a condition needed to establish adverse possession: (A) open possession (B) actual possession (C) exclusive possession (D) hostile possession (E) all of the other choices are needed to establish adverse possession

(E)

13. Furniture, since it is movable, is an example of: (A) fake property (B) intangible property (C) taxless property (D) real property (E) none of the other choices are correct

(E)

132. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that Sims had a prescriptive easement because he fulfilled which of the following conditions: (A) his use of the driveway was open, notorious and visible (B) his use of the driveway was hostile because there was no evidence of consent from the previous owners (C) he had a claim of ownership because he bought gravel for the driveway (D) his use of the driveway since 1985 had been open, notorious and visible (E) all of the other specific choices are correct

(E)

134. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for the right of access to his house, the courts held that Sims had a prescriptive easement. That is a form of: (A) fraud (B) quitclaim deed (C) tenancy in common (D) life estate (E) none of the other choices

(E)

143. Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is: (A) a form of adverse possession (B) a remainder (C) a profit (D) a seisin (E) none of the other choices

(E)

145. In some residential subdivisions, only single-family homes are allowed, and they must be at least 2,000 square feet, brick construction, with no dog houses. These terms are called: (A) deeds (B) joint conditions (C) profits (D) common tenancies (E) none of the other choices

(E)

146. Which of the following is an example of a covenant: (A) only single-family homes allowed in a sub-division (B) only pastel paint colors may be used on houses in a sub-division (C) no houses in a sub-division may have dog kennels (D) no houses in a sub-division may have fences (E) all of the other specific choices are correct

(E)

149. In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held that: (A) Hollinger granted the lot owners an easement as part of the sale of the land, which included use of the road and trails leading from the road (B) Hollinger could not block access to the trails without permission of the lot owners because they had used the trails for so many years (C) the lot owners had an easement by adverse possession that allowed use of the trails as they openly used the trails for more than seven years (D) the lot owners could establish easements by adverse possession to use the trail if they showed open use of the trails for at least seven years (E) none of the other choices

(E)

152. If you rent an apartment, the apartment is known as: (A) a renthold (B) a retainer (C) a lease in absentia (D) a defeasement (E) none of the other choices are correct

(E)

154. A leasehold is: (A) a set of limitations on lease holders (B) the person who leases a piece of property to another person (C) the person who holds a lease on a piece of property (D) the legal document that details the terms of a lease (E) none of the other choices are correct

(E)

156. To enforce the provisions of a lease, most courts prefer a lease to include: (A) how much rent is due (B) a description of the rented property (C) the identity of the parties (D) the length (in time) the lease is in effect (E) all of the other choices

(E)

157. In general, leases should include which of the following: (A) the identities of the parties involved (B) a description of the premises being leased (C) how long the lease will be in effect (D) how much rent is to be paid (E) all of the other specific choices are correct

(E)

163. During the term of the lease the ____ has the right of possession of the property. (A) landlord (B) leasehold (C) designated proxy (D) court (E) none of the other choices are correct

(E)

215. Intentional interference against property does not include which tort: (A) trespass (B) public nuisance (C) private nuisance (D) conversion (E) all of the other choices can be correct

(E)

217. When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as: (A) a misdemeanor (B) a contractual breach (C) breach of fiduciary duty (D) a libel against the person (E) none of the other choices

(E)

219. Torts against property: (A) cannot be intentional torts that category of torts only applied to torts against persons (B) can be torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by tort law (C) can be intentional torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by tort law (D) are all categorized as negligent torts, regardless of other torts against persons (E) none of the other choices

(E)

220. In a tort action for trespass to land the: (A) wrongdoer is excused if he thought he owned the land (B) wrongdoer is excused if she thought she could trespass (C) the property owner must demonstrate actual injury (D) the property owner must show that the land was fenced or otherwise posted as to ownership (E) none of the other choices

(E)

223. An unauthorized intrusion by a person or a thing on land belonging to another is: (A) legal in some states (B) an easement (C) the tort of conversion (D) the tort of battery (E) none of the other choices are correct

(E)

225. Which of the following is not true with respect to trespass to land? (A) there is an unauthorized intrusion on someone else's land (B) land owners have a right to peaceful enjoyment (C) the land owner must not have authorized the entry on to the land (D) an airplane flying over land at a reasonable altitude is not trespassing (E) all of the other choices are true

(E)

228. A person may use which of the following as a defense to the tort of trespass on land: (A) ignorance (B) stupidity (C) lack of awareness (D) a state hunting license (E) none of the other choices are correct

(E)

65. At law, the word tenancy generally refers to: (A) leases of real property from another for a fixed period of time (B) leases of real property from another for an indefinite period of time (C) a grant of a life estate in some property (D) has clear ownership of land, either individually or jointly (E) all of the other choices are possible

(E)

67. One who possesses lands by any right or title is referred to as a: (A) holder (B) possessor (C) lord (D) private property owner (E) none of the other choices are correct

(E)

7. Real property differs from personal property in that real property: (A) can be taxed while personal property cannot be taxed (B) is movable while personal property is immovable (C) is worth more than personal property (D) can be sold while personal property cannot be sold (E) none of the other choices are correct

(E)

70. The ownership of property by two or more persons who have equal interests in the property with rights of joint survivorship is: (A) a life estate (B) a fee tenancy (C) a tenancy in common (D) a fee common (E) none of the other choices

(E)

74. If one has the right to occupy a piece of property until their death, at which point title to the property passes to heirs who have been named by the owner of the property, there is a: (A) fee simple absolute (B) joint tenancy (C) tenancy in common (D) residual interest (E) none of the other choices

(E)

76. A life estate grants a person: (A) the right to live on a property even if it is sold to another party (B) the right to be a tenant for up to 60 years (C) the right to be a tenant until retirement (D) exemption from property taxes (E) none of the other choices are correct

(E)

79. A person who is given the right to use property during their lifetime is given ____ in the property. (A) an easement (B) a warranty deed (C) a covenant (D) a quitclaim (E) none of these

(E)

150. In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held that: (A) restrictive covenants did not establish easements for the lot owners (B) restrictive covenants established the right of lot owners to use the trails (C) easements that ran with the land attach to property that is "commonly attached" which includes the road and trails (D) restrictive covenants have no true legal power in Montana (E) none of the other choices are correct

(A)

153. A leasehold is: (A) the interest a person holds in rented property (B) the person who leases a piece of property to another person (C) the person who holds a lease on a piece of property (D) the legal document that details the terms of a lease (E) none of the other choices are correct

(A)

165. It is presumed at law that landlords: (A) protect tenants from known hazards (B) have no responsibility to tenants (C) protect tenants from all unforeseeable accidents (D) get along with their tenants (E) none of the other choices are correct

(A)

166. A landlord rented space to a furniture store that would provide a good business environment. The landlord rented the next space to an exercise studio. The studio was very noisy, causing the furniture store to lose business. The store owner complained to the landlord, who would do nothing. The store owner broke the lease before it was up and was sued by the landlord. The court would be likely to hold that: (A) the furniture store owner suffered constructive eviction (B) the furniture store owner owed the landlord damages for early termination (C) the landlord owed the furniture store owner no duties to quite the studio (D) the landlord breached his duty of payment (E) none of the other choices

(A)

171. Commercial leases, compared to residential leases, tend to: (A) be much longer (B) be more controlled by state statute (C) require the landlord to provide most interior furnishings (D) be more likely to be of short duration (E) all of the other choices

(A)

172. Commercial leases tend to be ____ than residential leases. (A) much longer (B) much shorter (C) much simpler (D) much more informal (E) none of the other choices are correct

(A)

181. In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a the commercial space before it even moved in, the unclear terms of the lease led to the courts: (A) holding the lease to be unenforceable (B) holding the lease to be legal and binding (C) requiring Neilson to pay damages for breach of contract (D) requiring Gold's Gym to pay damages for breach of contract (E) none of the other choices are correct

(A)

186. If the government takes land from a private owner without the consent of the owner it is exercising the right of: (A) eminent domain (B) caveat emptor (C) easement publica (D) Landham Act action (E) none of the other choices

(A)

189. The sovereign nature of the government gives it the right to: (A) eminent domain (B) hold criminals without trial (C) government domain (D) grant easements to supporters (E) none of the other choices are correct

(A)

192. The government can force a person to give up title to his land but: (A) the government must provide just compensation (B) the government must pay at least 1/3 of the real value of the property (C) the government must allow others to bid against them for the land (D) the government cannot force a person to give an easement (E) none of the other choices are correct

(A)

20. ____ is often used to make arrangements with others about the use of property. (A) contract law (B) tort law (C) real law (D) felony law (E) none of the other choices are correct

(A)

214. Which of the following is an intentional tort against real property: (A) nuisance (B) battery (C) malicious prosecution (D) invasion of privacy (E) none of the other choices

(A)

230. In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that: (A) Kulig was not liable because Smith was a trespasser (B) Kulig was not liable because there was no obligation to have a fire escape (C) Kulig was liable because building maintenance was inadequate (D) Kulig was liable because a property owner has an obligation to provide safe premises for tenants and their invited guests (E) none of the other choices

(A)

232. In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that: (A) Smith was a trespasser on the premises and Kulig had no duty to protect him (B) Smith was not a trespasser on the premises, but Kulig still had no duty to protect him (C) Smith was a trespasser on the premises, but Kulig still had a duty to protect him (D) Since Smith was illiterate, the no trespassing signs were ineffective and Kulig was liable (E) none of the other choices are correct

(A)

233. In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that Kulig was not liable because: (A) Smith was a trespasser on the premises (B) Smith was not a trespasser on the premises (C) Smith was illiterate (D) Smith had been told not to go on the fire escape by Kulig (E) none of the other choices are correct

(A)

234. The law of torts recognizes two kinds of nuisances, these are: (A) public and private (B) personal and impersonal (C) business and personal (D) governmental and non-governmental (E) environmental and industrial

(A)

236. Private and public nuisances are: (A) the two kinds of nuisances recognized by the law of torts (B) the two kinds of assaults recognized by the law of torts (C) two of the five kinds of nuisances recognized by the law of torts (D) two of the ten kinds of nuisances recognized by the law of torts (E) two of the three kinds of nuisances recognized by the law of torts

(A)

244. Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of: (A) nuisance (B) mental distress (C) invasion of privacy (D) trespass to property (E) trespass to personal property

(A)

254. In Sowers v. Forest Hills Subdivision, Sowers wanted to build a wind turbine to generate electricity. His neighbors opposed the construction and took Sowers to court. The Nevada high court held that: (A) the turbine was a nuisance (B) the turbine was not a nuisance (C) the turbine cast a shadow on neighbor's land, which was a trespass (D) the turbine could be built only if surplus electricity from it was credited to neighbors who otherwise would receive no benefit from it (E) none of the other choices are correct

(A)

262. You go to a flea market and buy a LCD TV for $100. One day you receive a notice that the owner of the TV, which had been stolen from her house and sold by the thief at the flea market, wants the set back. She says if you do not return the TV she will sue you for: (A) conversion, and probably win even though you did not know the set was stolen (B) fraud, and probably win even though you did not know the set was stolen (C) conversion, and probably lose because you did not know the set was stolen (D) fraud, and probably lose because you did not know the set was stolen (E) theft, and probably lose because you did not know the set was stolen

(A)

269. Property owners have: (A) a duty to inspect premises for dangers and correct the problem or warn invitees of the dangers (B) no duty to inspect premises for dangers and correct the problem or warn invitees of the dangers (C) a duty to warn only minors of dangers on the property (D) a duty to allow anyone and everyone onto the property (E) a duty to post safety guards on the property

(A)

27. A deed is: (A) the primary way to transfer ownership interests (title) in property (B) the means by which the owner of property has legal possession of the property (C) the means by which an owner of property sues when someone violates his property rights (D) the cheapest way to file taxes on piece of property (E) none of the other choices are correct

(A)

270. If a danger is obvious: (A) people have a duty to protect themselves (B) people do not have a duty to protect themselves (C) property owners must post warning signs (D) property owners must verbally warn invitees (E) none of the other choices are correct

(A)

271. Troupe was shopping at a Burlington Coat Factory store when she slipped and fell on a berry, causing injuries. She sued the store for negligence for failure to keep the floor clean of spills and objects that might cause patrons to fall. The appeals court held that Troupe: (A) did not show that there was notice of a dangerous condition before her fall so the store was not liable. (B) failed to show that the berry existed without such evidence the store was not liable. (C) could collect compensatory damages for her injury as the store had a duty to make the premises safe, but she could not recover punitive damages as there was no evidence of willful misconduct by the store. (D) could collect compensatory damages for her injury as the store had a duty to make the premises safe she could also recover punitive damages as there was evidence of numerous instances of unsafe conditions in the store. (E) none of the other choices are correct.

(A)

275. In Erichsen v. No-Frills Supermarkets, a woman who was shopping was seriously injured by a robber in the parking lot. She sued the store claiming that its failure to provide adequate security was a breach of its duty to her. The Nebraska high court held that the store could: (A) be sued for negligence (B) be sued for strict liability for failure to protect a patron (C) have been liable if the incident occurred in the store, but not out in the parking lot (D) not be liable as the incident was a random, uncommon event (E) none of the other choices

(A)

276. In Erichsen v. No-Frills Supermarkets, a woman who was shopping was seriously injured by a robber in the parking lot. She sued the store claiming that its failure to provide adequate security was a breach of its duty to her. The Nebraska high court held that: (A) the store could be sued for negligence because there was a sufficient amount of criminal activity in the area to warrant warning customers (B) the store could not be sued for negligence because there was a sufficient amount of criminal activity in the area to warrant warning customers (C) the store could not be sued for negligence because there was not a sufficient amount of criminal activity in the area to warrant warning customers (D) the store could not be sued for negligence because Erichsen had a duty to protect herself (E) the store could not be sued for negligence because the high crime in the area was common knowledge

(A)

277. In Erichsen v. No-Frills Supermarkets, a woman who was shopping was seriously injured by a robber in the parking lot. She sued the store claiming that its failure to provide adequate security was a breach of its duty to her. The Nebraska high court held that: (A) if Erichsen had been the only person attacked in the area, the store could not have been held liable (B) even if Erichsen had been the only person attacked in the area the store would still have been liable for negligence (C) the store could not be sued for negligence because there was not a sufficient amount of criminal activity in the area to warrant warning customers (D) the store could not be sued for negligence because Erichsen had a duty to protect herself (E) the store could not be sued for negligence because the high crime in the area was common knowledge

(A)

284. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. Suppose that Grady never asked Jill for her permission to fish on her land. He fishes there whenever he wants. It is possible that if Jill doesn't tell him to "get lost," after many years:* (A) Grady may adversely possess or have an easement in a right to fish (B) Grady may be granted the land as a defeasible fee (C) Grady may be granted a covenant in the land (D) Grady will never get any interests in Jill's property (E) none of these

(A)

29. Deeds: (A) are in writing (B) are written or oral (C) are legal only in certain states (D) can only be used when the property being transferred is worth more than $10,000 (E) none of the other choices are correct

(A)

32. A quitclaim deed is: (A) a deed of conveyance that passes whatever interests the grantor had in the property (B) a deed that promises that a good, clear title to the property is being conveyed by the grantor (C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(A)

80. A trust is a: (A) form of property ownership created by the common law that separates the legal and beneficial ownership of property (B) form of property ownership created by the tort law that separates the legal and beneficial ownership of property (C) form of property ownership created by the common law that combines the legal and beneficial ownership of property (D) form of property ownership created by the common law that prevents people from stealing inheritance money from their co-inheritors (E) none of the other choices are correct

(A)

86. The trustee of a property in a trust has a duty to manage the property for the: (A) beneficiary (B) owner (C) leader (D) heir (E) executive

(A)

91. Business trusts provide some security in case of bankruptcy by: (A) legally separating the trust from the business that is the beneficiary of its assets (B) legally combining the trust and the business that is the beneficiary of its assets (C) making it illegal to sue the business (D) making it illegal to sue the trust (E) none of the other choices are correct

(A)

92. Unlike in the United States, property ownership in many poor nations is: (A) informal and insecure (B) well-defined (C) carefully controlled by the government (D) based on the early English system of property rights (E) none of the other choices are correct

(A)

93. One of the hindrances to economic progress in poor countries may be: (A) the lack of secure property rights (B) the presence of secure property rights (C) the lack of tort law (D) the presence of an overly strict tort law (E) the inability to establish trusts

(A)

98. Servitudes are: (A) limitations or requirements about the use of property in general (B) taxes on services performed on a property (C) taxes on income gained from a property (D) limitations on how much untaxed income can be made from a property (E) none of the other choices are correct

(A)

249. A public nuisance involves an unreasonable interference with a right held by: (A) the attorney general (B) the general public (C) public utility companies (D) persons attending public functions (E) U.S. citizens only

(B)

102. Which of the following is not a servitude: (A) an easement (B) a life estate (C) a covenant (D) a profit (E) all of the other choices are servitudes

(B)

103. An easement is: (A) a legal document that makes it easier to determine taxes for a property (B) a right to enter land owned by another and make certain use of it (C) the ownership or right of possession of an estate (D) a legal provision that allows a person to become a tenant for life (E) none of the other choices are correct

(B)

108. An easement is generally described as: (A) a right to use intellectual property (B) a burden on another person's estate (C) a future interest in personal property (D) a negative interest in personal property (E) a conversionary right to personal property

(B)

125. Which of the following is not a condition to establish adverse possession: (A) open possession (B) periodic possession (C) actual possession (D) exclusive possession (E) hostile possession

(B)

133. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for the right of access to his house, the courts held that Sims had a prescriptive easement. That is a form of: (A) fraud (B) adverse possession (C) tenancy in common (D) life estate (E) quitclaim deed

(B)

138. A means by which owners of estates in land can make agreements that bind their successors is called a: (A) lien (B) covenant (C) mortgage (D) possessory (E) none of the other choices are correct

(B)

140. A binding obligation that goes with property when it is transferred to a new owner, who must abide by the obligation, is called a: (A) lien (B) covenant (C) mortgage (D) possessory (E) none of the other choices are correct

(B)

142. Linda buys a house in Grover Square. Her deed contains the following: "no homeowner in Grover Square shall erect a fence of any sort (with the exception of buried electronic fences) around his or her property." This clause is: (A) an easement (B) a covenant (C) a coven (D) a seisin (E) a remainder

(B)

151. If you rent an apartment, the apartment is known as: (A) a renthold (B) a leasehold (C) a lease in absentia (D) a defeasement (E) a retainer

(B)

16. Which of the following is not real property: (A) land (B) furniture (C) buildings (D) trees (E) all of the other choices are real property

(B)

164. Leased property is assumed at law to have: (A) an implicit warranty of livelihood (B) an implied warranty of habitability (C) all taxes paid (D) luxurious furnishings (E) none of the other choices are correct

(B)

175. A "grey shell" building is: (A) one with full furnishing (B) one without interior finish (C) one with minimal interior finish (D) one that is not completely constructed (E) one that has illegal activity occurring in it

(B)

184. The power to take private property for public use without consent of the owner is: (A) privity (B) eminent domain (C) caveat emptor (D) easement publica (E) Lanham Act action

(B)

19. ____ is often used to protect interests in property. (A) agency law (B) tort law (C) real law (D) felony law (E) none of the other choices are correct

(B)

193. The ____ requires that governments must pay compensation when taking private land without the landowner's consent. (A) Bill of Rights (B) Fifth Amendment of the Constitution (C) First Amendment of the Constitution (D) Third Amendment of the Constitution (E) Supreme Court

(B)

205. Zoning laws are typically not used to: (A) control the quality of construction (B) control kinds of speech (C) decide what kinds of buildings may be built where (D) provide green zones (E) all of the other choices are common to zoning

(B)

213. Which of the following is an intentional tort against property: (A) defamation (B) conversion (C) malicious prosecution (D) invasion of privacy (E) none of the other choices

(B)

22. Property is: (A) something inherited from an ancestor (B) the legally protected expectation of being able to use a thing for one's advantage (C) always a physical object that can be sold or given to another person (D) never a physical object (E) something universally recognized as subject to unrestricted trading

(B)

229. If there is a dangerous condition on a property, the landowner: (A) has a duty to warn everyone, including trespassers, of the danger (B) has no duty to warn trespassers of the danger (C) must post signs in visible places all over the property (D) must have insurance to cover injuries caused by the dangerous condition (E) none of the other choices are correct

(B)

238. An activity that substantially and unreasonably interferes with the use and enjoyment of someone's land is a(n): (A) conversion (B) private nuisance (C) final nuisance (D) unreasonable nuisance (E) property nuisance

(B)

239. A(n) ____ is an activity that substantially and unreasonably interferes with the use and enjoyment of someone's land. (A) conversion (B) private nuisance (C) final nuisance (D) unreasonable nuisance (E) property nuisance

(B)

246. Your neighbor burns old tires in his back yard. That produces fumes that go on your yard. That is likely the tort of: (A) assault (B) private nuisance (C) public nuisance (D) conversion (E) all of the other choices

(B)

286. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. When the city of Beaufort passes the ordinance limited the uses of beachfront property, the city relies upon:* (A) its due process powers (B) its police powers (C) its criminal powers (D) its power of dominant domain (E) none of these

(B)

33. A warranty deed is: (A) a deed of conveyance that passes whatever interests the grantor had in the property (B) a deed that promises that a good, clear title to the property is being conveyed by the grantor (C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(B)

39. The formal right of ownership of property is: (A) the deed (B) the title (C) the documentation (D) the mortgage (E) none of the other choices are correct

(B)

46. Title insurance: (A) does not bind the title company to insure that the title is as declared in the conveyance from the grantor to the grantee (B) binds the title company to insure that the title is as declared in the conveyance from the grantor to the grantee (C) binds the seller to the agreed to price of the property (D) prevents the buyer from changing the terms of the transaction at the last minute (E) none of the other choices are correct

(B)

48. If there are "defects" found in a title during a title search the title is said to be: (A) misty (B) clouded (C) misunderstood (D) misrepresented (E) opaque

(B)

55. The most common form of real property ownership is: (A) fee defeasible (B) fee simple (C) life estate (D) tenancy for years (E) covenant

(B)

62. Unlike in most countries, subsurface mineral rights in the United States often belong to: (A) the government (B) the landowner (C) the county (D) private mining companies (E) government mining companies

(B)

72. A tenancy in common is one in which: (A) two or more persons have equal interests in the property with rights of joint survivorship (B) two or more persons have equal interests in the property with no right of survivorship (C) one person owns all the interests in the property, but two people will inherit equal shares when the current tenant dies (D) one person owns all the interests in the property and the government will inherit it when the current tenant dies (E) none of the other choices are correct

(B)

78. A person who is given the right to use property during their lifetime is given ____ in the property. (A) an easement (B) a life estate (C) a covenant (D) a non-coercive claim (E) none of these

(B)

95. A condominium is: (A) property often held in a fee defeasible (B) property often held in a fee simple (C) property that is often held in common with a group of other owners (D) property that must be restricted by negative easements (E) none of the other choices

(B)

99. The purchase of property by two or more persons who have the same interest in the undivided possession of the property and has a right of survivorship is: (A) a life estate (B) a joint tenancy (C) a tenancy in common (D) a fee common (E) none of the other choices

(B)

1. Traditionally, personal property was referred to as: (A) property in rem (B) quasi in rem property (C) chattel (D) aggregate property (E) none of the other choices

(C)

10. Land, since it is immovable, is an example of: (A) fake property (B) intangible property (C) real property (D) personal property (E) none of the other choices are correct

(C)

147. A covenant that is attached to all houses in a neighborhood built in the 1950s states that the houses may not be sold to "members of any minority race." This covenant is: (A) enforceable since it was voluntarily agreed to by the buyers and sellers (B) not favored by public policy and so will expire when the houses are torn down (C) in violation of public policy and so not enforceable (D) in violation of public policy and, under federal law, requires home owners to pay $1,000 a year fines until removed (E) none of the other choices

(C)

148. In Thayer v. Hollinger, Hollinger owned land next to lakeshore lots that he developed. He shared a common road with the lakeshore lot owners who used trails on his property that were accessed from the road. Hollinger claimed he could block use of the trails. The lot owners claimed an easement to use the trails. The courts held that: (A) Hollinger granted the lot owners an easement as part of the sale of the land, which included use of the road and trails leading from the road (B) Hollinger could not block access to the trails without permission of the lot owners because they had used the trails for so many years (C) the lot owners had no easement that allowed use of the trails as they were on private property (D) the lot owners could establish easements by adverse possession to use the trail if they showed open use of the trails for at least seven years (E) none of the other choices

(C)

15. Real property includes: (A) furniture (B) trucks (C) trees (D) patents (E) all of the other choices

(C)

210. RDNT runs an assisted care living facility for elderly and disabled persons. It applied to the city of Bloomington, Minnesota, to expand the number of units at the facility. That would increase the number of personnel at the facility by eight percent. Some neighbors objected to the expansion, contending traffic would be too heavy because of the additional staff at the facility. The zoning board and the city council denied the construction permit. The Minnesota high court held that the city: (A) acted improperly because an eight percent increase in personnel would have a minimal impact on traffic. (B) acted improperly because medical facilities are not subject to the same standards as nonmedical facilities. (C) acted properly to protect public health or safety. (D) acted properly as the neighborhood already contained a large number of elderly and disabled persons. (E) none of the other choices are correct

(C)

216. When a wrongdoer harms a person's interest in land or personal possessions, this is referred to as: (A) a misdemeanor (B) a contractual wrong (C) a tort against property (D) a libel against the person (E) none of the other choices

(C)

222. An unauthorized intrusion by a person or a thing on land belonging to another is: (A) legal in some states (B) an easement (C) the tort of trespass to land (D) the tort of battery (E) the tort of trespass to personal property

(C)

224. Which of the following is not true with respect to trespass to land? (A) there is an unauthorized intrusion on someone else's land (B) land owners have a right to peaceful enjoyment (C) the land owner must demonstrate physical injury to the land (D) an airplane flying over land at a reasonable altitude is not trespassing (E) all of the other choices are true

(C)

226. A person may use which of the following as a defense to the tort of trespass on land: (A) ignorance (B) stupidity (C) helping someone in danger (D) a state hunting license (E) lack of awareness

(C)

227. A person may use which of the following as a defense to the tort of trespass on land: (A) ignorance (B) stupidity (C) protecting the property from damage (D) a state hunting license (E) lack of awareness

(C)

242. The major difference between public nuisance and private nuisance is: (A) a public nuisance involves public health and private nuisance involves citizens' welfare (B) whether the property involved is owned by a government or by a private party (C) a public nuisance interferes with public health and welfare, private nuisance violates the enjoyment of land (D) public nuisance can exist only if there is physical damage to land that is not the case with private nuisance (E) none of the other choices

(C)

25. The most common way in which to transfer ownership interests in property is through: (A) a devise (B) a will (C) a deed (D) easements appurtenant (E) tenancies in common

(C)

252. In Sowers v. Forest Hills Subdivision, Sowers wanted to build a wind turbine to generate electricity. His neighbors opposed the construction and took Sowers to court. The courts held that: (A) the city failed to follow its ordinances regarding construction of turbines, so the matter had to be reviewed by the city before the courts could take the case (B) public policy favors alternative energy, so the wind turbine would be allowed (C) an injunction would be issued against building the wind turbine as it is a nuisance (D) the turbine would be allowed if Sowers could prove that noise from it would not disturb people in the neighborhood (E) none of the other choices

(C)

255. When someone has interfered with the right of the owner to exclusive possession and enjoyment of personal property there may be a tort of: (A) conversion (B) misappropriation (C) trespass to personal property (D) battery (E) none of the other choices are correct

(C)

256. The tort of ____ occurs when someone has interfered with the right of the owner to exclusive possession and enjoyment of personal property. (A) conversion (B) misappropriation (C) trespass to personal property (D) battery (E) none of the other choices are correct

(C)

260. The tort defined as the intentional and wrongful interference with possession of personal property of another without consent is: (A) battery to property (B) nuisance (C) trespass to personal property (D) conversion (E) none of the other choices

(C)

264. When intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission, there is a tort of: (A) conversion (B) trespass to personal property (C) misappropriation (D) nuisance (E) invasion of privacy

(C)

266. ____ is the tort that occurs when intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission. (A) conversion (B) trespass to personal property (C) misappropriation (D) nuisance (E) invasion of privacy

(C)

273. In Stewart v. Federated Department Stores, a woman was murdered in a Bloomingdale's parking lot in Connecticut. The court held the store: (A) met its duty of care and so was not liable (B) was strictly liable to the woman (C) was negligent in not having a security guard at the time of the murder (D) would have been negligent if it had not had a security guard, but it had one and so was not liable despite the murder (E) intentionally harmed the woman

(C)

279. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. When Jill purchases the beach-front land, the ownership rights in this land will be transferred to her in:* (A) a covenant (B) an easement (C) a deed (D) a suretyship (E) a remainder

(C)

282. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. Suppose that one year after she buys her land, Jill gives her sister Kate the right to use the 3 acres of beach-front property so long as she lives. This is known as:* (A) a fee defeasible (B) a fee simple (C) a life estate (D) a remainder interest (E) a past interest

(C)

285. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. Suppose that Jill builds a small cottage on her property (forget the city ordinance for a moment). The cottage is lovely and she hates to see it sit unused for many months of the year, so she rents the cottage for several weeks at a time to various people. Once it is rented the cottage is:* (A) a retainer (B) a freehold (C) a leasehold (D) a conveyor (E) a tangible remainder

(C)

31. Which of the following are forms of deeds used in at least some states: (A) assurance deeds (B) surface deeds (C) quitclaim deeds (D) interests deeds (E) all of the other choices

(C)

34. A special warranty deed is: (A) a deed of conveyance that passes whatever interests the grantor had in the property (B) a deed that promises that a good, clear title to the property is being conveyed by the grantor (C) a deed that warrants that the buyer has received title and that the property was not encumbered during the ownership by the grantor (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(C)

35. Which of the following are forms of deeds used in at least some states to promise that a clear title to property is being conveyed: (A) assurance deeds (B) surface deeds (C) warranty deeds (D) interests deeds (E) all of the other choices

(C)

43. The right of possession of the property and the right to exclude others from the use of the property are two examples of rights normally possessed by: (A) the government (B) the state legislature (C) the holder of title to the property (D) the holder of deed to the property (E) none of the other choices are correct

(C)

45. Title recordings provide: (A) a detailed evaluation of the value of a piece of property (B) a list of all expenses associated with a piece of property (C) a public record of who owns what and of limitations or claims on titles (D) a private record of who owns what and of limitations or claims on titles (E) none of the other choices are correct

(C)

53. A(n) ____ is "an interest in land which (a) is or may become possessory and (b) is ownership measured in terms of duration." (A) deed (B) property (C) estate (D) holding (E) none of the other choices are correct

(C)

57. The most common form of real property ownership that gives exclusive possession to a particular piece of land for an indefinite time is: (A) deed (B) title (C) a fee simple (D) life estate (E) leasehold

(C)

60. Subsurface mineral rights: (A) must transfer in fee simple with deeds to land (B) must transfer in fee simple with title to land (C) may be legally separated from surface ownership (D) are owned by the government (E) are owned by the people in common

(C)

64. At law, the word tenancy generally refers to: (A) leases of real property from another for a fixed period of time (B) leases of real property from another for an indefinite period of time (C) possession of lands by any right or title (D) clear ownership of land, either individually or jointly (E) none of the other choices

(C)

69. The ownership of property by two or more persons who have an undivided interest in the property but has no right of survivorship is: (A) a life estate (B) a joint tenancy (C) a tenancy in common (D) a fee common (E) none of the other choices

(C)

77. Anna transfers, to her mother Mildred, the right to use Anna's second home so long as Mildred is alive. This is known as: (A) a fee simple (B) a fee absolute (C) a life estate (D) a tenancy (E) a lease

(C)

82. The person who holds the legal title to a property in a trust is known as the: (A) leader (B) executive (C) trustee (D) majordomo (E) magnate

(C)

84. The person who can make all decisions with respect to a property in a trust is known as the: (A) leader (B) executive (C) trustee (D) majordomo (E) beneficiary

(C)

88. David puts his 5,000 acre ranch in a trust for his daughter Carol and names Andy as trustee. If Andy then sells the ranch and uses the money to fund his gambling habit Carol can sue Andy for: (A) failure to maintain Carol's interests (B) Carol has no grounds to sue Andy (C) breach of duty as trustee (D) breach of duty as owner (E) none of the other choices are correct

(C)

89. ____ are often used in place of a partnership or corporation. (A) private trusts (B) tax-avoidance trusts (C) business trusts (D) ultimate trusts (E) corporation trusts

(C)

96. Limitations or requirements about the use of property are called: (A) life estates (B) deeds (C) servitudes (D) possessories (E) profits

(C)

114. The right to remove valuable minerals or oil from the land of another is called: (A) a covenant (B) a fee absolute (C) a possession (D) a profit (E) none of the other choices

(D)

117. Once an easement is granted: (A) it is only valid as long as the estate holder to granted it is in possession of the estate (B) it is only valid as long as the estate holder to granted it is alive (C) it is only valid as long as the original easement holder is alive (D) it may not be interfered with by the property owner unless the easement holder agrees (E) none of the other choices are correct

(D)

118. A hostile user of another person's land may come to own the property or an easement through: (A) hostile possession (B) land use possession (C) regular use clauses (D) adverse possession (E) none of the other choices are correct

(D)

12. Furniture, since it is movable, is an example of: (A) fake property (B) intangible property (C) real property (D) personal property (E) none of the other choices are correct

(D)

127. Which of the following conditions must be met in order for someone to claim land by adverse possession? The adverse user: (A) has occasional exclusive control of the land (B) shares the land with others (C) has the real owner's permission to be there (D) uses the land in a visible manner (E) uses the land secretly

(D)

128. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) a prescriptive easement was created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims had a prescriptive easement due to long access to the property (E) none of the other choices

(D)

129. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) an easement cannot be created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims did not have an easement, but Moran could not block Sims from driving to get to his property, so he had an equitable right to access his property (E) none of the other choices

(D)

130. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) an easement cannot be created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims had a claim of ownership since he had purchased gravel for the driveway (E) none of the other choices

(D)

131. In Moran v. Sims, where the house Sims built was surrounded by land owned by Moran, and Sims sued for an easement for access to his house, the courts held that: (A) an easement cannot be created by fraud (B) Sims had no right to demand an easement (C) public policy required Sims to be given an easement so he could get to his house (D) Sims's use of the driveway since 1985 had been open, notorious and visible (E) none of the other choices

(D)

155. A lease is a(n): (A) payment for use of an estate (B) unwritten, informal agreement concerning use of a piece of property (C) agreement between a landlord and the court system (D) agreement that creates a leasehold out of an estate and contains conditions (E) none of the other choices are correct

(D)

161. Among the rights and duties of a landlord are: (A) the right to constructively evict (B) the duty to pay in a timely manner (C) the right to inspect the property at any time (D) the duty to make essential repairs (E) none of the other choices

(D)

168. Tenants may not: (A) engage in illegal activities on a leased property (B) be a nuisance to neighbors (C) remove valuable property from the premises (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

173. When commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is referred to as: (A) total rent (B) complete rent (C) net rent (D) gross rent (E) none of the other choices are correct

(D)

212. Which of the following is an intentional tort against property: (A) defamation (B) battery (C) malicious prosecution (D) invasion of privacy (E) none of the other choices

(E)

179. In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a the commercial space before it even moved in, the courts held that: (A) the lease was valid Gold's was liable for damages for breach (B) the lease was valid but the landlord breached by failing to finish the building properly (C) the lease was invalid because several key provisions conflicted with state law regarding proper construction (D) there was no lease because the terms were unclear (E) none of the other choices

(D)

188. The right of the government to conduct eminent domain actions comes from: (A) Executive Power (B) federal statutes (C) state statutes (D) the sovereign nature of the government (E) the rules of the Federal Register

(D)

191. Which of the following has the power of eminent domain? (A) the federal government (B) state governments (C) local governments (D) all levels of government (E) only private parties

(D)

200. According to the Supreme Court, if a government regulation reduces the value of property, it must compensate the landowner for the loss in value if the loss: (A) is greater than about ten percent (B) is greater than about twenty-five percent (C) is greater than about fifty percent (D) is close to the entire value of the property (E) none of the other choices ; it must pay compensation for any decline in value

(D)

218. Torts against property: (A) cannot be intentional torts that category of torts only applied to torts against persons (B) can be torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by tort law (C) can be intentional torts, but only if there is also an intentional tort inflicted against a personal interest that is protected by tort law (D) can be intentional torts even if there is no tort against a person (E) are all categorized as negligent torts, regardless of other torts against persons

(D)

221. In a tort action for trespass to land the: (A) wrongdoer is excused if he thought he owned the land (B) wrongdoer is excused if she thought she could trespass (C) the property owner must demonstrate actual injury (D) intruder is not excused even if mistaken about the right to enter on the land (E) the property owner must show that the land was fenced or otherwise posted as to ownership

(D)

23. Property law in the United States has developed from: (A) the Norman law of the fifth century (B) the Roman Justinian Code (C) the Jus Civile (D) English common law from centuries ago (E) the Jus Gentium

(D)

241. A private nuisance involves: (A) a reasonable interference with the enjoyment of land (B) a substantial interference with the use of land (C) an unreasonable interference with the enjoyment of land (D) either b or c (E) violation of a statute prohibiting bad acts

(D)

257. The tort defined as the intentional and unlawful control or appropriation of the personal property of another is: (A) battery to property (B) trespass to property (C) negligent property use (D) conversion (E) nuisance

(D)

38. The title to property is: (A) another word for a covenant (B) a right to use some land some time, for a limited purpose (C) non-transferable (D) the formal right of ownership (E) the government's right to restrict use of privately held land

(D)

4. Which of the following is an example of personal property: (A) patents (B) land (C) buildings (D) furniture (E) none of the other choices are correct

(D)

44. A clear title means that: (A) a third party may claim valid ownership of the property (B) only the government may claim valid ownership of the property (C) there are no taxes due on the property (D) no other person can claim valid ownership of the property (E) none of the other choices are correct

(D)

68. Which of the following is an example of a form of tenancy: (A) tenancy in common (B) joint tenancy (C) tenancy by the entirety (D) all of the other specific choices are correct (E) none of the other specific choices are correct

(D)

8. Unlike real property, personal property: (A) is immovable (B) is taxable (C) is not taxable (D) is movable (E) is valueless

(D)

105. Cary allows Kail to ride his horse on trails located on Cary's 200-acre ranch, whenever he wants, for $1,000. This arrangement is commonly known as: (A) a remainder (B) a covenant (C) a deed (D) a seisin (E) none of the other choices

(E)

107. The right of utility companies to run power lines over land and put water lines under private property is based on: (A) a remainder (B) a covenant (C) a deed (D) a seisin (E) none of the other choices

(E)

109. An easement is generally described as: (A) a right to use intellectual property (B) a conversionary right to personal property (C) a future interest in personal property (D) a negative interest in personal property (E) none of the other choices

(E)

11. Land, since it is immovable, is an example of: (A) fake property (B) intangible property (C) taxless property (D) personal property (E) none of the other choices are correct

(E)

111. A burden on another person's estate is a: (A) fee absolute (B) profit (C) possession (D) life estate (E) none of the other choices are correct

(E)

116. A profit is: (A) the right of first refusal when an estate is sold (B) the right to go on to an estate (C) the right to sell an estate (D) the right to buy an estate (E) none of the other choices are correct

(E)

119. A hostile user of another person's land may come to own the property or an easement through: (A) hostile possession (B) land use possession (C) regular use clauses (D) allotted possession (E) none of the other choices are correct

(E)

121. A hostile user is someone who: (A) has government-given rights to occupy or use the private estate of another person (B) has limited rights to occupy or use an estate (C) has unlimited rights to occupy or use an estate, but exercises his rights in an antagonistic way (D) was granted rights to use an estate by a previous estate owner (E) none of the other choices are correct

(E)

122. A(n) ____ is someone who has no right to occupy or use an estate and does so without permission. (A) real user (B) false user (C) antagonistic user (D) illegal user (E) hostile user

(E)

123. A(n) ____ is someone who has no right to occupy or use an estate and does so without permission. (A) real user (B) false user (C) antagonistic user (D) illegal user (E) none of the other choices are correct

(E)

167. A landlord rented space to a furniture store and promised a good business environment. The landlord rented the next space to an exercise studio. The studio was very noisy causing the furniture store to lose business. The store owner complained to the landlord, who did nothing. The store owner broke the lease before it was up and was sued by the landlord. The court would be likely to hold that: (A) the exercise studio may be liable for damages, but not the other parties (B) the furniture store owner owed the landlord damages for early termination (C) the landlord owed the furniture store owner no duties (D) the tenant should have soundproofed the walls if he did not like the noise (E) none of these

(E)

17. Which of the following is not real property: (A) land (B) minerals (C) buildings (D) trees (E) all of the other choices are real property

(E)

170. The destruction of property by a tenant is called: (A) leasefeasor (B) domain (C) an eviction (D) seizin (E) none of the other choices

(E)

174. When commercial rent includes charges for lighting, cleaning, parking lot maintenance, etc it is referred to as: (A) total rent (B) complete rent (C) net rent (D) extra rent (E) none of the other choices are correct

(E)

176. A "grey shell" building is: (A) one with full furnishing (B) one that has illegal activity occurring in it (C) one with minimal interior finish and bathrooms (D) one that is not completely constructed (E) none of the other choices are correct

(E)

178. A "vanilla shell" building is: (A) one with full furnishing (B) one without interior finish (C) one that has illegal activity occurring in it (D) one that is not completely constructed (E) none of the other choices are correct

(E)

180. In Neilsen v. Gold's Gym, where Gold's leased space for a new gym, but got into a dispute with the landlord of a the commercial space before it even moved in, the courts held that: (A) the lease was valid Gold's was liable for damages for breach (B) the lease was valid but the landlord breached by failing to finish the building properly (C) the lease was invalid because several key provisions conflicted with state law regarding proper construction (D) the lease was invalid because the rent was too high, in violation of state rules regarding proper lease charges (E) none of the other choices

(E)

182. Eminent domain means: (A) the government must build housing for the poor (B) the use of property is controlled by zoning (C) owners of other property make a legal claim against public land (D) land is registered to its private owner (E) the government may force the sale of private property

(E)

183. The power of eminent domain means: (A) the government must build housing for the poor (B) the use of property is controlled by zoning (C) owners of other property make a legal claim against public land (D) land is registered to its private owner (E) none of the other choices

(E)

185. The power to take private property for public use without consent of the owner is: (A) privity (B) caveat emptor (C) easement publica (D) Landham Act action (E) none of the other choices

(E)

187. If the government takes land from a private owner without the consent of the owner it is exercising the right of: (A) government domain (B) caveat emptor (C) easement publica (D) Landham Act action (E) none of the other choices

(E)

194. The ____ requires that governments must pay compensation when taking private land without the landowner's consent. (A) Third Article of the Constitution (B) Second Amendment of the Constitution (C) First Amendment of the Constitution (D) Third Amendment of the Constitution (E) none of the other choices are correct

(E)

197. When a local government regulates the way in which homeowners may use their land, this is an exercise of the government's: (A) fiduciary powers (B) obligatory powers (C) derivative powers (D) olfactory powers (E) none of the other choices

(E)

199. A local government's police power is, generally: (A) the power to arrest disturbers of the peace (B) the power to arrest people engaged in illegal activities (C) the power to seize land for law enforcement agencies (D) the power to seize land without paying for it (E) none of the other choices are correct

(E)

202. Since the 1920s the primary method of local land control has been: (A) easements (B) eminent domain (C) tort suits (D) taxation (E) none of the other choices are correct

(E)

203. Zoning laws are typically used to: (A) control the quality of construction (B) control population density (C) decide what kinds of buildings may be built where (D) provide green zones (E) all of the other choices

(E)

204. Zoning laws are typically not used to: (A) control the quality of construction (B) control population density (C) decide what kinds of buildings may be built where (D) provide green zones (E) all of the other choices are common to zoning

(E)

206. Which of the following is an example of something regulated by a zoning rule: (A) building height (B) population density (C) building size (D) quality of construction used in building (E) all of the other specific choices are correct

(E)

21. ____ is often used to make arrangements with others about the use of property. (A) fundamental law (B) tort law (C) real law (D) felony law (E) none of the other choices are correct

(E)

211. RDNT runs an assisted care living facility for elderly and disabled persons. It applied to the city of Bloomington, Minnesota, to expand the number of units at the facility. That would increase the number of personnel at the facility by eight percent. Some neighbors objected to the expansion, contending traffic would be too heavy because of the additional staff at the facility. The zoning board and the city council denied the construction permit. The Minnesota high court held that the city: (A) acted improperly because an eight percent increase in personnel would have a minimal impact on traffic. (B) acted improperly because medical facilities are not subject to the same standards as nonmedical facilities. (C) acted properly to protect the interests of the current residents of the facility. (D) acted properly as the neighborhood already contained a large number of elderly and disabled persons. (E) none of the other choices are correct

(E)

231. In Smith v. Kulig, Smith was killed when visiting his friend who rented an apartment from Kulig, when the fire escape at the back of the building collapsed under Smith, the courts held that: (A) Kulig was not liable, but the tenant could be liable for allowing Smith to use the fire escape (B) Kulig was not liable because there was no obligation to have a fire escape (C) Kulig was liable because building maintenance was inadequate (D) Kulig was liable because a property owner has an obligation to provide safe premises for tenants and their invited guests (E) none of the other choices

(E)

235. The law of torts recognizes two kinds of nuisances, these are: (A) personal and impersonal (B) business and personal (C) governmental and non-governmental (D) environmental and industrial (E) none of the other choices

(E)

237. Private and public nuisances are: (A) two of the three kinds of nuisances recognized by the law of torts (B) the two kinds of assaults recognized by the law of torts (C) two of the five kinds of nuisances recognized by the law of torts (D) the two kinds of battery recognized by the law of torts (E) none of the other choices are correct

(E)

24. Property law in the United States has developed from: (A) the Norman law of the fifth century (B) the Roman Code of Caesar (C) the Jus Civile (D) the Jus Gentium (E) none of the other choices are correct

(E)

240. A(n) ____ is an activity that substantially and unreasonably interferes with the use and enjoyment of someone's land. (A) conversion (B) property nuisance (C) final nuisance (D) unreasonable nuisance (E) none of the other choices are correct

(E)

243. The major difference between public nuisance and private nuisance is: (A) a public nuisance involves public health and private nuisance involves citizens' welfare (B) whether the property involved is owned by a government or by a private party (C) a public nuisance interferes with the enjoyment of land private nuisance impacts health (D) public nuisance can exist only if there is physical damage to land that is not the case with private nuisance (E) none of the other choices

(E)

245. Your next door neighbor plays his stereo very loud at 3 am. He ignores your repeated requests for quiet and keeps up this habit. You are most likely to win a suit for the tort of: (A) mental distress (B) invasion of privacy (C) trespass to property (D) conversion (E) none of the other choices

(E)

248. A ____ an unreasonable interference with a right held in common by the general public. (A) real nuisance (B) property nuisance (C) private nuisance (D) conversion (E) none of the other choices are correct

(E)

251. In Atkinson v. City of Pierre, Atkinson sued the city for not taking action to force an ice-making plant next to her apartment building to make less noise. Her suit contended: (A) a battery to property (B) a trespass to personal property (C) negligent property use (D) a conversion (E) a nuisance

(E)

253. In Sowers v. Forest Hills Subdivision, Sowers wanted to build a wind turbine to generate electricity. His neighbors opposed the construction and took Sowers to court. The courts held that: (A) the city failed to follow its ordinances regarding construction of turbines, so the matter had to be reviewed by the city before the courts could take the case (B) public policy disfavors alternative energy, so the wind turbine would be allowed (C) an injunction would be issued against building the wind turbine as it is a nuisance (D) the turbine would be allowed if Sowers could prove that noise from it would not disturb people in the neighborhood (E) none of the other choices

(E)

258. The tort defined as the intentional and unlawful control or appropriation of the personal property of another is: (A) battery to property (B) trespass to property (C) negligent property use (D) nuisance (E) none of the other choices

(E)

259. The tort defined as the intentional and wrongful interference with possession of personal property of another without consent is: (A) battery to property (B) nuisance (C) negligent property use (D) conversion (E) none of the other choices

(E)

26. The most common way in which to transfer ownership interests in property is through a legal document known as: (A) a devise (B) a will (C) easements appurtenant (D) tenancies in the extremity (E) none of the other choices

(E)

263. You go to a flea market and buy a LCD TV for $100. One day you receive a notice that the owner of the TV, which had been stolen from her house and sold by the thief at the flea market, wants the set back. She says if you do not return the TV she will sue you for: (A) fraud, and probably win even though you did not know the set was stolen (B) conversion, and probably lose because you did not know the set was stolen (C) fraud, and probably lose because you did not know the set was stolen (D) theft, and probably lose because you did not know the set was stolen (E) none of the other choices

(E)

265. When intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission, there is a tort of: (A) conversion (B) trespass to personal property (C) negligence (D) nuisance (E) none of the other choices

(E)

267. ____ is the tort that occurs when intellectual property, such as copyrights, patents, trade secrets or trademarks, is taken by others without permission. (A) conversion (B) trespass to personal property (C) negligence (D) nuisance (E) invasion of privacy

(E)

272. Troupe was shopping at a Burlington Coat Factory store when she slipped and fell on a berry, causing injuries. She sued the store for negligence for failure to keep the floor clean of spills and objects that might cause patrons to fall. The appeals court held that Troupe: (A) could not sue for damages as she had not purchased anything at the store so was not considered to be an invited patron. (B) failed to show that the berry existed without such evidence the store was not liable. (C) could collect compensatory damages for her injury as the store had a duty to make the premises safe, but she could not recover punitive damages as there was no evidence of willful misconduct by the store. (D) could collect compensatory damages for her injury as the store had a duty to make the premises safe she could also recover punitive damages as there was evidence of numerous instances of unsafe conditions in the store. (E) none of the other choices

(E)

274. In Stewart v. Federated Department Stores, a woman was murdered in a Bloomingdale's parking lot in Connecticut. The court held the store: (A) met its duty of care and so was not liable (B) was strictly liable to the woman (C) would have been negligent if it had not had a security guard, but it had one and so was not liable despite the murder (D) intentionally harmed the woman (E) none of the other choices

(E)

278. In Erichsen v. No-Frills Supermarkets, a woman who was shopping was seriously injured by a robber in the parking lot. She sued the store claiming that its failure to provide adequate security was a breach of its duty to her. The Nebraska high court held that the store could: (A) be sued because the assailant was a store employee (B) be sued for strict liability for failure to protect a patron (C) have been liable if the incident occurred in the store, but not out in the parking lot (D) not be liable as the incident was a random, uncommon event (E) none of these

(E)

28. A deed is: (A) a document detailing the expenses associated with maintaining a piece of property (B) the means by which the owner of property has legal possession of the property (C) the means by which an owner of property sues when someone violates his property rights (D) the cheapest way to file taxes on piece of property (E) none of the other choices are correct

(E)

281. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. When Jill buys her beach-front land she also buys the right to exclusive possession of and enjoyment of those 3 acres. What Jill has purchased is:* (A) a fee defeasible (B) a life estate (C) a reverter interest (D) a remainder interest (E) a fee simple estate

(E)

287. Fact Pattern 8-1 Jill recently inherited money from her old aunt Maude. Jill decided to buy beach-front property in Beaufort, South Carolina. Jill's new property consists of 3 acres of land, with direct access to the ocean. When she bought the land there is no home on it, but she wants to build a beach home in the future. A year after she bought the lovely lot, the city of Beaufort rezones the land, prohibiting any building so that other residents can enjoy the view. *Refer to Fact Pattern 8-1. If, as a result of its new ordinance, the city of Beaufort causes Jill's property to be worth $1.1 million instead of the $1.5 million she paid for it:* (A) the city will have to pay Jill just compensation (B) the city will have to give Jill other property (C) Jill will have to deed her property to the city (D) Jill will have to sign over her due process rights (E) Jill is out of luck

(E)

3. Chattel is the traditional term for: (A) patents (B) real property (C) false property (D) livestock (E) none of the other choices are correct

(E)

30. Deeds do which of the following: (A) identify the original owner (B) describe the land (C) identify the new owner (D) state that ownership is being transferred (E) all of the other specific choices are correct

(E)

37. A deed in which the seller or grantor warrants that the property is free of any liens or encumbrances unless they are revealed in the title is a(n): (A) quit claim deed (B) explicit deed (C) surface deed (D) assurance deed (E) none of the other choices are correct

(E)

40. The title to land is: (A) a covenant running with the land (B) a right to use some land some time, for a limited purpose (C) non-transferable (D) the government's right to restrict use of privately held land (E) none of the other choices

(E)

41. The ____, which comes from receipt of a valid deed, is the means by which the owner of property has legal possession of it. (A) estate (B) covenant (C) servitude (D) leasehold (E) title

(E)

42. Which of the following is a right normally possessed by the holder of title to property: (A) right of possession of the property (B) the right of control of the property (C) the right to exclude others from use of the property (D) the right to enjoy the property in legal manners (E) all of the other specific choices are correct

(E)

49. If there are "defects" found in a title during a title search the title is said to be: (A) misty (B) opaque (C) misunderstood (D) misdeeded (E) none of the other choices are correct

(E)

5. Which of the following is an example of personal property: (A) patents (B) land (C) buildings (D) trees (E) none of the other choices are correct

(E)

51. Which of the following could result in a "defect" in a title: (A) a boundary dispute with a neighbor (B) tax liens placed against the property (C) liens imposed for work done on the property (D) uncertain claims of ownership by heirs to the property (E) all of the other specific choices are correct

(E)

52. A title could be "clouded" by which of the following: (A) a boundary dispute with a neighbor (B) tax liens placed against the property (C) liens imposed for work done on the property (D) uncertain claims of ownership by heirs to the property (E) all of the other specific choices are correct

(E)

54. A(n) ____ is "an interest in land which (a) is or may become possessory and (b) is measured in terms of duration." (A) deed (B) tenancy (C) title (D) holding (E) none of the other choices are correct

(E)

56. The most common form of real property ownership is: (A) common tenancy (B) covenant (C) life estate (D) tenancy for years (E) none of the other choices

(E)

59. Property that is held in fee simple may be: (A) inherited by others (B) transferred to others (C) sold in part to others (D) sold in entirety to others (E) all of these things are possible

(E)

61. Subsurface mineral rights: (A) must transfer in fee simple with deeds to land (B) must transfer in fee simple with title to land (C) are owned by the government (D) are owned by the people in common (E) none of the other choices

(E)

63. Unlike in most countries, subsurface mineral rights in the United States often belong to: (A) the government (B) government mining companies (C) the county government (D) religious organizations (E) none of the other choices are correct

(E)

81. A trust is a: (A) form of property ownership created by the government that combines the legal and beneficial ownership of property (B) form of property ownership created by the tort law that separates the legal and beneficial ownership of property (C) form of property ownership created by the common law that combines the legal and beneficial ownership of property (D) form of property ownership created by the common law that prevents people from stealing inheritance money from their co-inheritors (E) none of the other choices are correct

(E)

83. The person who holds the legal title to a property in a trust is known as the: (A) leader (B) executive (C) magnate (D) majordomo (E) none of the other choices are correct

(E)

85. The person who can make all decisions with respect to a property in a trust is known as the: (A) leader (B) executive (C) magnate (D) beneficiary (E) none of the other choices are correct

(E)

87. The trustee of a property in a trust has a duty to manage the property for the benefit of the: (A) executive (B) owner (C) leader (D) executor (E) none of the other choices are correct

(E)

9. Unlike real property, personal property: (A) is immovable (B) is taxable (C) is not taxable (D) is valueless (E) none of the other choices are correct

(E)

90. ____ are commonly used in place of a partnership or corporation. (A) unit trusts (B) tax-avoidance trusts (C) corporation trusts (D) ultimate trusts (E) none of the other choices are correct

(E)

94. A study by Hernando de Soto, of Peru, found that in most poor nations, many people, including the majority in some countries: (A) do not own the land they farm (B) do not own the land under their dwelling in cities (C) are subject to political control of property (D) lack formal property rights (E) all of the other choices

(E)

97. Limitations or requirements about the use of property in general are called: (A) life estates (B) deeds (C) possessories (D) profits (E) none of the other choices

(E)