BLAW Ch 8
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 above
all of the above
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
all of the above
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
tenant
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. majordom o e. magnate
trustee
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
trustee
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
Fifth Amendment
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
English common law from centuries ago
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
a burden on another person's estate
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
a covenant
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
a deed
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 deed of conveyance that passes whatever interest the grantor had in the property
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
a deed that promises that a good, clear title to the property is being conveyed by the grantor
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
a deed that warrants that the buyer has received title and the property was not encumbered during the ownership by the grantor
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 duty to inspect premises for dangers and correct the problem or warn invitees of the dangers
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
a fee simple
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
a joint tenancy
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
a leasehold
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
a profit
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
a public nuisance interferes with public health and welfare, private nuisance violates the enjoyment of land
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
a public record of who owns what and of limitations of claims on titles
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
a right to enter land owned by another and make certain use of it
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
a tenancy in common
115. A profit is:
a. the right to remove valuable things from one's estate
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
adverse possession
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
all levels of government
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
all of the above
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
all of the above
14. Real property includes which of the following: a. oil b. land c. trees d. buildings e. all of the other choices
all of the above
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
all of the above
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
all of the above
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
all of the above
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
all of the above
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
all of the above
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
all of the above are characteristics
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
all of the above are real property
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
all of the other choices are common to zoning
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
allow the easement holder to go on the estate for certain purposes
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
an agreement attached to a piece of land that "runs" with the land
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
an easement
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
an easement (not listed but also servitudes: covenants & life estates)
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
an implied warranty of habitability
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
are in writing
171. Commercial leases, compared to residential leases, tend to: a. be much longer b. be more controlled by state statute require the landlord to provide most interior furnishings d. be more likely to be of short duration e. all of the other choices
be much longer
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
be sued for negligence
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
beneficiary
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
binds the title company to insure that the title is as declared in the conveyance form the grantor to the grantee
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 Carols 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
breach of duty as trustee
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
business trusts
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
can be intentional torts even if there is no tort against a person
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
chattel
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
claims against the property that were not known in the public records at the time the title search was done
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
clouded
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
contract law
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
control kinds of speech
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
conversion
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
conversion
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
conversion
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
conversion, and probably win even though you did not know the set was stolen
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
covenant
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
either b or 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
estate
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
fee simple
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
form of property ownership created by the common law that separates the legal and beneficial ownership of property
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
furniture
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
gives up a right he would normally have
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
gross rent
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
has no duty to warn trespassers of the danger
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
has no right to occupy or use an estate and does so without permission
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
if Erichsen had been the only person attacked in the area, the store could not have been held liable
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
informal and insecure
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
intruder is not excused even if mistaken about the right to enter on the land
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
is close to the entire value of the property
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
is immovable while personal property is movable
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
is safe for public admission
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
it may not be interfered with by the property owner unless the easement holder agrees
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
legally separating the trust from the business that is the beneficiary of its assets
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
life estate
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
may be legally separated from the surface ownership
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
misappropriation
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
no there person can claim valid ownership of the property
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
possession of lands by any right or title
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
nuisance
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
one with four finished walls, heating and cooling, and restroom and suspended ceiling
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
one without interior finish
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
periodic possession
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
personable property
2. Chattel is the traditional term for: a. personal property b. real property c. false property d. livestock e. patents
personal property
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
police powers
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
private nuisance
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
private nuisance
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
property often held in a fee simple
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
protect tenants from known hazards
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
public and private
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
public nuisance
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
quitclaim deeds
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
real property
96. Limitations or requirements about the use of property are called: a. life estates b. deeds c. servitudes d. possessories e. profits
servitudes
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
the duty to make essential repairs
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 governments right to restrict use of privately held land
the formal right of ownership
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
the furniture store owner suffered constructive eviction
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
the government may force the sale of private property
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
the government must provide just compensation
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
the government pay you fair market value
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
the holder of title to the property
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
the interest a person holds in rented property
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
the lack of secure property rights
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
the land owner must demonstrate physical injury to the land
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
the landowner
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
trespass
22. Property is: a. something inherited from an ancestor b. the legally protected expectation of being able to use a thing for ones advantage c. always a physical object that can be sold or given to another person d. never a physical object
the legally protected expectation of being able to use a thing for one's advantage
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
the primary way to transfer ownership interest (title) in property
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
the sovereign nature of the government
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
the store could be sued for negligence because there was a sufficient amount of criminal activity in the area to warrant warning customers
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
the title
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
title
18. Property interests are peoples 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
to deny others the use of things in which there is a legal interest
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
tort law
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
trespass to personal property
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 has designated who will inherit it when the current tenant dies e. none of the other choices are correct
two or more persons have equal interests in the property with no right of survivorship
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
two or more persons have equal interests in the property with rights of joint survivorship
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
uses the land in a visible manner
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
warranty deed
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
warranty deeds
169. The destruction of property by a tenant is called: a. abuse b. domain c. waste d. seizin e. none of the other
waste
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
zoning
