Personal property, Real property, Bailments, and Landlord-Tenant Law
A valid deed does not need to include which of the following? (a) Words evidencing an intent to convey property (b) A description of the town in which the property is located (c) The grantor's signature (d) The name of the grantee (the donee or buyer)
A description of the town in which the property is located
A thing that was once personal property but has become attached to real property in such a way that it takes on the characteristics of real property and becomes part of that real property is referred to as:
A fixture
With respect to property law, which of the following would likely be classified as a fixture? A car A sofa A furnace A throw rug
A furnace
Pete possesses a parcel of land. Pete has the right to use the property, including extracting gold from the land through an existing mine, for life. Pete also has the right to lease the land for a period not to exceed his life. This ownership interest is:
A life estate
Timber Products Company (TPC) has a right to remove from the property of Union Lumber Company all of the sawdust that TPC can use. This right is:
A profit
John and Annie are neighbors who live adjacent to one another. Annie grows some very productive strawberry fields on her property. John observes the strawberries Annie growing and mentions that he would love to try some. Annie decides to give her neighbor, John, permission to come on her property at any time and pick as many strawberries as he would individually like to eat. What kind of property right does John acquire?
A profit. Further Explanation: John does not have a right to live on or possess Annie's property, he merely has the right go onto land that is possessed by another and take away some part or product of the land. His right is known as a profit.
Manhattan Developers, Inc., pays Northeast Trust Company to release its claim to a strip of waterfront property. Northeast gives Manhattan a deed that conveys only whatever interest Northeast has in the strip. This deed is:
A quitclaim deed
Sally agrees to lease some property that she owns to the San Juan County Historical Society for a term of one year. In this situation, what type of tenancy exists?
A tenancy for years
Walk Doosney owns an apartment building. Two tenants, Mickey and Minnie, dump their trash in the dumpster behind the building. One day Oil Can Harry visits the dumpster, looking for cans and other objects that he can sell. While digging through the dumpster, Harry finds a gold ring, with the inscription "To Minnie." Harry shouts finders keepers, losers weepers, just as Tom the trash technician walks up and says, "The trash collection company owns the ring because they own the dumpsters and abandonment is presumed." Who owns the ring?
Abandonment is not presumed in the context of a gold ring. Minnie is the true and rightful owner of the ring if the inscription refers to her.
On the vacant lot adjacent to Lance's lakeside property is an old, dilapidated sailboat that has obviously been neglected for years. Lance's efforts to find out who owns the boat are futile. One summer, Lance decides to fix up the boat and use it. He spends considerable time and money in repairing, painting, and rigging the boat. The owner of the boat arrives, after the boat is fully restored, and demands the boat back. By restoring the boat, Lance has most likely acquired ownership rights in the boat by:
Accession Further Explanation: Lance's efforts may have given him ownership rights by accession because he added value to the property. Lance performed the accession in good faith, and the accession has increased the value of the boat. A court may thus hold that ownership rights in the boat passed to Lance.
If Betty gives her friend Roger the right to walk his Irish wolfhound across her property to the beach, what kind of property right does Roger acquire?
An easement
Donee =
Buyer
Grantee =
Buyer
Caleb puts his apples in Christina's storage bin without her permission. The bin already contains apples that belong to Christina. It is now impossible to tell which apples originally belonged to either of them. Analyze the legal impact of Caleb's actions.
Caleb's actions have resulted in confusion, meaning Christina has no obligation to Caleb. Caleb's willful act caused the confusion, and Christina acquires title to all of the apples.
Chita owns the land on which Downwind Farm is situated, plus the farmhouse, barn, and other structures permanently attached to the land. Chita's brother Elvin owns everything else on the farm—implements, seed, and so on. The real property is owned by:
Chita only
Ansel owns Bar-B Ranch. Ansel's only son Cy owns Double-D Ranch in the same county. Ansel, who has pre-dementia, gets very drunk one night at the Rowdy Horse Bar, and writes on a napkin, "Donna, the waitress, gets 90% of the Bar-B, Signed Ansel." Cy sued claiming the gift was ineffective. Based on your analysis:
Cy will prevail because the gift was ineffective, lacking the required element of donative intent.
Before undergoing surgery that could cause death, Don, a guitarist, talks to his best friend Freddy. Don says "I hope I make it Freddy. I feel good, but the docs only give me 50/50 chance. I'm thinking it will all work out and I'll beat this." So, Don gives Freddy the key to his house and asks Freddy to take care of his entire guitar collection valued at over $150,000. The surgery is successful, and a week later Don calls Freddy for his guitars. Freddy says they were a gift. After analyzing the facts, the best answer is:
Don gets the guitars back. Don did not gift the guitars causa mortis or inter vivos; he merely asked Freddy to watch the guitars while he went through surgery. Further explained: Don was not contemplating imminent death so it was not a gift causa mortis, nor a gift inter vivos because he never completely relinquished control. Giving the key to Freddy was only to take care of the guitars at his home.
Buyer =
Donee
Grantee =
Donee
Donny rented some land and constructed a radio tower on the land. The local county surveyor assessed a personal property tax on the tower for being personal property. What is Donny's best argument that the tower is a fixture and thus exempt from personal property tax? Donny does not own the tower. That Donny only leased the land. That the tower is not easily moved. That the tower is permanently attached to the land.
Donny's best argument is that the tower is permanently attached to the land.
Statutes that encourage and facilitate the return of property to its true owner and then reward the finder for honesty if the property remains unclaimed are called:
Estray statutes
A fee simple absolute is an estate that lasts for the life of some specified individual.
False
A finder of lost property acquires title against the whole world, including the true owner.
False
A gift causa mortis can never be taken back by the donor.
False
A gift causa mortis does not become irrevocable until the donor dies from the contemplated event, and it is not revoked if the donor survives.
False
A gift causa mortis does not become irrevocable until the donor recovers from the contemplated event, and it is automatically revoked if the donor survives.
False
A gift causa mortis does not become irrevocable until the donor recovers from the contemplated event, and it is not revoked if the donor survives.
False
A leasehold estate is an estate that is entitled to use, possess, or dispose of the property as he or she chooses during his or her lifetime.
False
A leasehold estate is an estate that lasts for the life of some specified individual.
False
A life estate is an estate that is entitled to use, possess, or dispose of the property as he or she chooses during his or her lifetime.
False
A periodic tenancy is created by an express contract by which property is leased for a specified period of time.
False
A person who finds mislaid property obtains title to the goods.
False
A profit appurtenant arises when one person has the right to use or take things from another's land even though the owner of the profit does not own an adjacent tract of land.
False
A profit in gross arises when the owner of one piece of land has a right to go onto (or remove things from) an adjacent piece of land owned by another.
False
A tenancy at sufferance is created by a lease that does not specify how long it is to last but does specify that rent is to be paid at certain intervals.
False
A tenancy at will is created by a lease that does not specify how long it is to last but does specify that rent is to be paid at certain intervals.
False
A valid deed must include a description of the town in which the property is located.
False
A wall leaning onto a neighbor's land does not violate the property rights of the neighbor unless the wall is actually touching the neighbor's land.
False
A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is a periodic tenancy.
False
Acquisition by accession occurs as a result of the commingling of fungible goods.
False
Confusion of goods frequently occurs with fungible goods, such as grain or oil, because all owners worked together to produce the goods.
False
Confusion of goods frequently occurs with fungible goods, such as grain or oil, because each owner adds value to the goods.
False
Confusion of goods frequently occurs with fungible goods, such as grain or oil, because each owner owns dominion over specific units of the goods.
False
For a party to take by adverse possession, the party's possession must not be hostile to the true owner's rights.
False
Generally, when the courts need to determine whether a certain item is a fixture, they examine the actual fixture.
False
Generally, when the courts need to determine whether a certain item is a fixture, they examine the intent of the landowner.
False
Mira owns a house in which there are cabinets and counters in the kitchen and bathroom. Mira sells the house to Neal under a contract that does not mention the fixtures. The sale includes the fixtures, regardless of the sales contract.
False
Normally, a landowner has a right to everything existing permanently below the surface of his or her property to 100 feet below the surface.
False
Normally, a landowner has a right to everything existing permanently below the surface of his or her property to 25 feet below the surface.
False
Normally, a landowner has a right to everything existing permanently below the surface of his or her property to 500 feet below the surface.
False
One who finds lost property acquires title to it against the entire world, including the original owner.
False
Plant life, both natural and cultivated, is not considered to be real property.
False
Property that has been discarded by the true owner, with no intention of reclaiming title to it, is lost property.
False
Property that has been discarded by the true owner, with no intention of reclaiming title to it, is mislaid property.
False
Property that is voluntarily placed somewhere is lost.
False
Property voluntarily placed somewhere by its owner and inadvertently forgotten is lost property.
False
Real property is land and the buildings on it only.
False
Real property is land only.
False
Real property requires a minimum of formality, and can be bought and sold in online retailers such as Craigslist and Amazon.com.
False
Sometimes, real property can be turned into personal property by converting it to chattel.
False
Sometimes, real property can be turned into personal property by converting it to personalty.
False
Sometimes, real property can be turned into personal property by detaching it from the personal property.
False
Statutes that encourage and facilitate the return of property to its true owner and then reward the finder for honesty if the property remains unclaimed are called estate statutes.
False
Statutes that encourage and facilitate the return of property to its true owner and then reward the finder for honesty if the property remains unclaimed are called personal property statutes.
False
Statutes that encourage and facilitate the return of property to its true owner and then reward the finder for honesty if the property remains unclaimed are called return statutes.
False
Surface and subsurface rights cannot be separated.
False
Tangible personal property represents a set of rights and interests but has no real physical substance.
False
The purpose of a recording statute is to limit the use of wills to transfer property.
False
The purpose of a recording statute is to regulate land use within suburban locations.
False
Under a quitclaim deed, a buyer promises to "quit" the property if the seller or any third party files a claim to it.
False
When airplanes fly over your home, your property rights are never violated.
False
When airplanes fly over your home, your property rights are normally not violated, based on your right to quiet use and enjoyment of the property.
False
When airplanes fly over your home, your property rights violated because you own all the air above your home, into outer space.
False
A gift in causa mortis is conditional, and cannot be revoked if the donor does not die as expected.
False it can be revoked if the donor does not die as expected
A gift in causa mortis is conditional, and can be revoked if the donor dies as expected.
False it cannot be revoked if the donor dies as expected
Sally sells her house to Betty. After the agreement is made, Sally removes some custom-made bookshelves. Betty sues Sally to return the bookshelves. In the case of Betty v. Sally, analyze the facts and decide who will win the suit, and why. Betty will win because these bookshelves were custom-made and presumably adapted to the place they were located.
False, being custom-made does not necessarily mean they were designed to be permanent. Thus, Sally will win, unless a reasonable person would consider the bookshelves to be permanently attached.
A person who finds mislaid property does not obtain title to the goods, but rather becomes the caretaker of the property, because it is highly likely that the true owner will return.
False, the owner of the place where the property was mislaid becomes the caretaker of the property
Buyer =
Grantee
Donee =
Grantee
Gretel, an inventor, has tools in her workshop, including hammers, a table saw, and drills. She has a patent on her most recent invention, a kitchen gas grill. She licenses the patent to Home Appliances, Inc., a company in which she owns stock. Her intangible personal property includes the:
Home Appliances Stock, the patent on the kitchen gas grill and the license to Home Appliances
Tommy Delancey owned some acreage outside of town on which he had a small house. He used the property for deer hunting, and kept a deer blind platform on the property. One day, as he was setting out to the deer blind platform, he noticed that someone had built a small cabin on his property. Tommy had taken a Business Law course, and knew that:
If he does not remove the trespasser, he could lose his property by means of adverse possession.
Suppose Jan is riding her Harley motorcycle and her hat flies off. She turns around and spends an hour searching but cannot find it. Muttering to herself, "Oh well, it was only a hat, I'll get another one", she gets back on her Harley and drives away. Later Farmer Joe finds the hat in his field. Based on this fact scenario Jan's hat is most likely abandoned, and Farmer Joe can keep the hat. Why???
Jan's hat is abandoned based on her statement. Farmer Joe who found the hat, acquires title to it that is good against the whole world, including the original owner, Jan.
Walk Doosney owns an apartment building. Two tenants, Mickey and Minnie, dump their trash in the dumpster behind the building. One day Oil Can Harry visits the dumpster, looking for cans and other objects that he can sell. While digging through the dumpster, Harry finds a gold ring, with the inscription "To Minnie." Who owns the ring?
Minnie, if the inscription refers to her.
Before her death, Melanie McCarthy had written and mailed nine checks, each written for $3,000 and intended as gifts to nine relatives. None of the checks were cashed prior to Melanie's death. Melanie's son, Daniel, who was the administrator of her estate, claimed that the Internal Revenue Service (IRS) should not levy estate taxes on the $27,000 still in Melanie's bank account to cover the checks because the checks were completed gifts. The IRS contended that: (i) the gifts had not been effectively delivered prior to Melanie's death because Melanie could have ordered the bank to stop payment on the checks that her relatives had failed to cash and (ii) therefore she had not relinquished complete dominion and control over the checks. After analyzing these facts, the most likely outcome is:
Ms. McCarthy's gifts were ineffective, because the checks had not been effectively delivered prior to her death.
Harvey and Myra Church had two wood stoves in their home. Each rested on, but was not attached to, a built-in brick platform. The downstairs wood stove was connected to the chimney flue and was used as part of the main heating system for the house. The upstairs stove, in the master bedroom, was purely decorative. It had no stovepipe connecting it to the chimney. The Church's sold their house to John Peabody, and neither party said anything about the two stoves. Is Peabody entitled to both stoves?
No, Peabody is entitled only to the stove in the downstairs area, as it is a fixture and part of the heating system. The stove in the master bedroom is a decoration, therefore not a permanent fixture to the home.
Jill claims that Fred gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, will the court need to determine whether Fred made a gift causa mortis.?
No, this was not a gift causa mortis, because there are no facts indicating Fred was contemplating his imminent death. Rather, the court will have to determine whether Fred had the requisite donative intent.
When airplanes fly over your home, are your property rights violated?
Normally, no, unless the flights are low and frequent.
Statutes that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property are:
Recording statutes
Ruth had an old "gamer" computer laying around her house that had not be used in years. Her grandson, Seth, found the computer and created a new online role-playing game, for which he obtained intellectual property protection. Seth formed Top Games, Inc., to make and market the game. Ruth says she is entitled to a share of Seth's profits because it was her computer. After analyzing the facts and applying the text, your best decision would be:
Ruth is not entitled to a share of the profits because the computer game was production. Further explanation: Ruth is not entitled to a share of the profits. The computer had not been used in years, and Seth acquired ownership of the computer via production - not possession - and his own efforts at creating the computer game.
Sally sells her house to Betty. After the agreement is made, Sally removes some custom-made bookshelves. Betty sues Sally to return the bookshelves. In the case of Betty v. Sally, analyze the facts and decide who will win the suit, and why.
Sally will win, unless a reasonable person would consider the bookshelves to be permanently attached to the house.
Luke owns a farm near Marshalltown, Iowa, with stands of trees serving as windbreaks. Luke grows corn on the property. When Luke sells the farm to Nina, if the contract does not specify otherwise, the sale includes:
The crops and the trees
Model Farms, Inc., owns land in Nebraska. Attached to the land are natural products (crops, grasses, and trees) and structures (houses and farm buildings). The "land" includes:
The natural products and the structures
Suppose that Ann finds a World War II-era rifle in the woods. If the rifle is lost property, what title does Ann take in the rifle?
Title against all but the true owner
A deed in which the grantor assures the grantee that the grantor has title to the property conveyed in the deed, that there are no encumbrances on the property other than what the grantor has represented, and that the grantee will enjoy quiet possession of the property is called a warranty deed.
True
A deed intended to pass any title, interest, or claim that the grantor may have in the property without warranting that such title is valid is a quitclaim deed.
True
A document by which title to property (usually real property) is passed is called a deed.
True
A fee simple absolute estate is entitled to use, possess, or dispose of the property as he or she chooses during his or her lifetime.
True
A finder of lost property acquires title against the whole world, except the true owner.
True
A fixed-term tenancy is created by an express contract by which property is leased for a specified period of time.
True
A gift causa mortis does not become irrevocable until the donor dies from the contemplated event, and it is automatically revoked if the donor survives.
True
A gift given during one's lifetime, in contemplation of imminent death from a known cause, is a gift in causa mortis.
True
A gift in causa mortis is conditional, and can be revoked if the donor does not die as expected.
True
A license in the context of real property is the revocable right to enter onto another person's land. It differs from a profit in that it does not include a right to remove anything from the property.
True
A life estate is an estate that lasts for the life of some specified individual.
True
A periodic tenancy is created by a lease that does not specify how long it is to last but does specify that rent is to be paid at certain intervals.
True
A person who finds mislaid property does not obtain title to the goods.
True
A person who finds mislaid property does not obtain title to the goods. Instead, the owner of the place where the property was mislaid becomes the caretaker of the property, because it is highly likely that the true owner will return.
True
A possessory interest allows a person other than an owner the right to live on and possess property.
True
A profit appurtenant arises when the owner of one piece of land has a right to go onto (or remove things from) an adjacent piece of land owned by another.
True
A profit appurtenant is where one has the right to go onto (or remove things from) adjacent land.
True
A profit in gross arises when one person has the right to use or take things from another's land even though the owner of the profit does not own an adjacent tract of land.
True
A profit in gross is where one has the right to go onto (or remove things from) a nonadjacent land.
True
A profit is the right to go onto land owned by another and take away some part of the land itself or some product of the land.
True
A quitclaim deed conveys to the grantee only whatever interest the grantor had.
True
A special warranty deed conveys a limited number of warranties and therefore offers less protection than a warranty deed.
True
A tenancy at will arises when the term of the tenancy is "for as long as both agree."
True
A tenancy for years is created by an express contract by which property is leased for a specified period of time.
True
A tenancy for years, also called a fixed-term tenancy, is created by an express contract by which property is leased for a specified period of time.
True
A textbook is an example of chattel.
True
A textbook is an example of personalty.
True
A textbook is an example of tangible personal property.
True
A valid deed must include the grantor's signature.
True
A valid deed must include the name of the grantee (the donee or buyer).
True
A valid deed must include words evidencing an intent to convey property.
True
A wall leaning onto a neighbor's land violates the property rights of the neighbor.
True
A warranty deed gives buyers the greatest protection because it makes the greatest number of warranties and conveys the greatest number of rights.
True
Acquisition by accession is occurs when something belonging to another is given more value, and the original owner may be entitled to compensation.
True
Adverse possession is a means of obtaining title to property without the delivery of a deed.
True
An example of intangible personal property is a copyright.
True
An owner in fee simple is entitled to use, possess, or dispose of the property as he or she chooses during his or her lifetime.
True
At his son Joe's 21st birthday party, Bruce gives Joe a set of new car keys to the Ferrari in front of the house. Bruce has delivered the gift to Joe via constructive delivery.
True
Basically, a quitclaim deed conveys to the grantee whatever interest the grantor had.
True
Confusion of goods frequently occurs with fungible goods, such as grain or oil, because units of the goods are identical.
True
Constructive delivery requires relinquishing complete control and dominion.
True
Estray statutes usually award legal title to found property to the finder when the true owners cannot be located after a diligent search.
True
Farmer Bill owns 1,000 acres of land with prime pine timber and other natural resources. He gives permission to Boise-Cascade Lumber Corporation to take the timber from 500 acres of his land. Once harvested, the trees are personalty.
True
Farmer Bill owns 1,000 acres of land with prime pine timber and other natural resources. He gives permission to Boise-Cascade Lumber Corporation to take the timber from 500 acres of his land. Once harvested, the trees are personalty. The trees were initially realty (fixtures) owned by Farmer Bill, but when harvested by Boise-Cascade, the fixtures were converted to personalty of Boise-Cascade.
True
Fixtures are included in the sale of land if the sales contract does not provide otherwise.
True
Generally, when the courts need to determine whether a certain item is a fixture, they examine the intention of the party who placed the object on the real property.
True
If airplanes flights are low and frequent, they may violate your property rights.
True
Intangible personal property represents some set of rights and interests, but has no real physical existence.
True
Land includes (1) the soil on the surface of the earth, (2) the natural or artificial structures that are attached to the soil, and (3) all the waters contained on or under the surface.
True
Land includes all the waters contained on or under the surface.
True
Land includes the natural or artificial structures that are attached to the soil.
True
Land includes the soil on the surface of the earth and the natural or artificial structures that are attached to it. It further includes all the waters contained on or under the surface.
True
Land includes the soil on the surface of the earth.
True
Maya goes to a movie theater. While paying for popcorn at the concessions stand, she sets her smartphone on the counter and then leaves it there. The smartphone is mislaid property, and the theater owner is entrusted with the duty of reasonable care for it.
True
Normally, a landowner has a right to everything existing permanently below the surface of his or her property all the way to the center of the earth.
True
One requirement for property to be held by adverse possession is that the possession must be hostile and adverse. In other words, the possessor cannot be living on the property with the owner's permission and must claim the property as against the whole world.
True
One who finds lost property acquires title to it against the entire world, except for the original owner.
True
Plant life, both natural and cultivated, is considered to be real property.
True
Production—the fruits of labor—is another means of acquiring ownership of personal property.
True
Property that has been discarded by the true owner, with no intention of reclaiming title to it, is abandoned property.
True
Property that is involuntarily placed somewhere is lost.
True
Property that is voluntarily left somewhere is mislaid.
True
Property voluntarily placed somewhere by its owner and inadvertently forgotten is mislaid property.
True
Real property is land, and everything attached to it, including trees.
True
Real property requires much more formality, including a sales contract and deed that is recorded with the state.
True
Recording statutes put creditors and future purchasers on notice of any claims against property so that fraudulent transfers are less likely to occur.
True
Someone who finds lost property acquires title to it against the whole world except the original owner.
True
Sometimes, real property can be turned into personal property by detaching it from the land.
True
Statutes that allow deeds, mortgages, and other real property transactions to be recorded so as to provide notice to future purchasers or creditors of an existing claim on the property are recording statutes.
True
Statutes that encourage and facilitate the return of property to its true owner and then reward the finder for honesty if the property remains unclaimed are called estray statutes.
True
Surface and subsurface rights can be separated.
True
Tangible personal property refers to property that has physical substance.
True
Tangible personal property, such as a smart phone or textbook, has physical substance.
True
Tara loses a valuable earring at the mall. After looking for the earring, she finally gives up the search. At this point, the earring becomes abandoned property.
True
The acquisition of title to real property by occupying it openly, without the consent of the owner, for a period of time specified by a state statute is adverse possession.
True
The owner of real property has rights to the airspace above the land.
True
The owner of real property has rights to the airspace above the land. If the wall leans into that airspace, it violates the neighbor's property rights.
True
The purpose of a recording statute is to provide public notice of claims against property.
True
To transfer the title to real property, a deed must be signed and delivered.
True
Under the common law, to terminate a periodic tenancy, the landlord or tenant must give at least one period's notice to the other party.
True
When airplanes fly over your home, your property rights are normally not violated, unless the flights are low and frequent.
True
Jill claims that Fred gave her a gift of a pearl necklace. Fred says he never made such a gift and that Jill has wrongfully retained his property. If this dispute goes to court, what will the court need to determine?
Whether Fred had donative intent.
Gretel, an inventor, has tools in her workshop, including hammers, a table saw, and drills. She has a patent on her most recent invention, a kitchen gas grill. She licenses the patent to Home Appliances, Inc., a company in which she owns stock. Her tangible personal property includes the:
Workshop tools
Rob deeds a plot of timberland to State University, which pays nothing to Rob for the property. Rob has given the university:
a fee simple absolute
A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is:
a fixed-term tenancy
Elsa, the owner of Fertile Farm, sells Gina a right to camp on Fertile land overnight. Gina's right is:
a license
Ann leases an apartment from Bob and agrees to make monthly rent payments on the first of every month. No definite lease term is specified in the lease agreement. This is:
a periodic tenancy
A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is:
a tenancy for years or fixed-term tenancy
A&B Storage, Inc., signs a six-month lease to occupy a warehouse. This is:
a tenancy for years.
Investment Properties Corporation conveys an office building to Jay with a deed that makes the greatest number of warranties and provides the most extensive protection against defects of title. This deed is:
a warranty deed
Property that has been discarded by the true owner, with no intention of reclaiming title to it, is:
abandoned property
Tara loses a valuable earring at the mall. After looking for the earring, she finally gives up the search. At this point, the earring becomes:
abandoned property.
Suppose Jan is riding her Harley motorcycle and her hat flies off. She turns around and spends an hour searching but cannot find it. Muttering to herself, "Oh well, it was only a hat, I'll get another one", she gets back on her Harley and drives away. Later Farmer Joe finds the hat in his field. Based on this fact scenario Jan's hat is most likely ______, and Farmer Joe ______.
abandoned, can keep the hat
Someone who finds lost property:
acquires title to it against the whole world except the original owner.
Tommy Delancey owned some acreage outside of town on which he had a small house. He used the property for deer hunting, and kept a deer blind platform on the property. One day, as he was setting out to the deer blind platform, he noticed that someone had built a small cabin on his property. Tommy had taken a Business Law course, and knew that he had to remove trespassers from his land, or risk losing his property by means of:
adverse possession
The acquisition of title to real property by occupying it openly, without the consent of the owner, for a period of time specified by a state statute is:
adverse possession.
Estray statutes usually award legal title to found property to the finder when the true owners:
cannot be located after a diligent search.
Idaho Farms mistakenly puts its potatoes in Jackson Co-op's storage bin, which already contains Kelly Spud Farm's potatoes. It is impossible to tell which potatoes originally belonged to which party. This is a form of:
confusion
An example of intangible personal property is a:
copyright
A document by which title to property (usually real property) is passed is called a:
deed
Sometimes, real property can be turned into personal property by:
detaching it from the land.
A gift causa mortis does not become irrevocable until the donor ______ from the contemplated event, and it is ______ revoked if the donor survives.
dies, automatically
A tenancy for years is also called a:
fixed-term tenancy
Mira owns a house in which there are cabinets and counters in the kitchen and bathroom. Mira sells the house to Neal under a contract that does not mention the fixtures. The sale:
includes the fixtures, because of the sales contract.
Generally, when the courts need to determine whether a certain item is a fixture, they examine the:
intention of the party who placed the object on the real property.
Real property is:
land and everything attached to it, including trees.
Angela just signed a one-year apartment lease. Now, she has an estate in real property called a:
leasehold estate
When an interest in land exists only for the duration of the life of some person, usually the holder of the estate is called a:
life estate
Jaime goes to the MultiPlex Movies to watch the latest movie with MariLou, on their first date. After the movie, Jamie takes MariLou to the local hot spot, "El Pollo Loco." When it comes time to pay the bill, Jaime realizes that he's lost his wallet. He concludes it must have fallen on the floor at the Multiplex. Leaving MariLou stranded at the cash register, he arrives at Multiplex only to discover that it is closed. He returns to Pollo Loco and asks MariLou to leave her Texas Drivers License at the cash register because they have no cash. The next day he discovers Multiplex has not found his wallet so he informs the manager to call him on his smartphone as soon as they find it. Jaime's wallet is:
lost
Property that has been voluntarily placed somewhere by the owner and then inadvertently forgotten is:
mislaid property
Suppose Bruce and Carolyn go out to dinner at the Triangle Bar and Grill for an evening of steaks, wine, and dancing. Bruce paid for the meal but when they get home he realizes that he cannot find his new iPhone and must have left it on the table. Bruce calls up the Triangle to inquire about the iPhone. Analyzing the facts here would lead to a conclusion that the iPhone was ______ at the Triangle, and ______.
mislaid; the manager of the Triangle must safeguard it until Bruce returns to pick it up Further explanation: The iPhone was not lost. Bruce voluntarily placed the iPhone on the table, so it was mislaid. Accordingly, the manager of the Triangle must safeguard it for Bruce until he returns to pick it up.
The difference between a profit in gross and a profit appurtenant is that:
one is the right to go onto (or remove things from) adjacent land, and the other is a right to do so on nonadjacent land.
Under the common law, to terminate a periodic tenancy, the landlord or tenant must give at least:
one period's notice to the other party.
A lease interest in land for an indefinite period involving payment of rent at fixed intervals, such as week to week, month to month, or year to year is a:
periodic tenancy
A key distinction between real and personal property is how
personal property can be transferred with a minimum of formality
Lois gives Miro a computer. Using the computer, Miro creates and edits an animated film titled New Day. Miro forms Our Time, Inc., to make and sell the film. With respect to New Day, on Miro's part, this is acquisition by:
production
Leo removes a small, uprooted, discarded tree from a construction site on property owned by Mortgage Brokers, Inc., with the permission of Neil, the on-site supervisor. Leo replants the tree on his property and, due to his care, it grows tall. This is:
production. Production—the fruits of labor—is another means of acquiring ownership of personal property. In this case Leo removed the tree and cared for it, and the tree is now his.
The purpose of a recording statute is to:
provide public notice of claims against property
A deed intended to pass any title, interest, or claim that the grantor may have in the property without warranting that such title is valid is a:
quitclaim deed
A two-hundred-year-old oak tree located on a piece of property is considered to be:
real property
A key distinction between real and personal property is that:
real property is not movable.
A type of tenancy under which a tenant who, after rightfully being in possession of leased premises, continues (wrongfully) to occupy the property after the lease has terminated is a:
tenancy at sufferance
A fixed-term tenancy is also called a:
tenancy for years
Bruce Butler, an amateur archaeologist in Texas, uncovered artifacts from a Native American Comanchero burial ground that was several hundred years old. Ancestors of the present-day Comanchero tribe had made the artifacts and buried them with their dead. The Comanchero tribe asked a court to award to it custody of the property, which included burial pots, ornaments, and pottery. Butler claimed that the property had been abandoned and that he could therefore claim title to the goods because he had taken possession of them. A court would most likely hold for:
the Comancheros, because an owner who buries property with the dead intends that the property remain buried; he or she does not intend to relinquish title to the first person who discovers the property.
For some time before he died, Robert Zimmerman allowed his live-in girlfriend, Joan Robertson, to assist him with his financial affairs. Zimmerman and Robertson owned joint bank accounts through which Robertson had access to Zimmerman's funds. Robertson also had access to Zimmerman's safe-deposit box. Zimmerman gave Robertson a number of municipal bond certificates, stating only that Robertson was to put them "in safekeeping." The bonds had been placed in a series of large envelopes, each of which also contained a sheet of paper on which was written the name of one of Zimmerman's relatives. One of the envelopes contained bonds valued at $22,000 and contained a sheet of paper with Robertson's name on it. When Zimmerman died, Robertson distributed the envelopes to the people whose names were in the envelopes and retained the bonds in the envelope with her own name in it. The administrator of Zimmerman's estate claimed that all of the bonds belonged to the estate. Robertson asserted that the bonds were gifts. The court most likely held that:
the bonds belonged to the estate and the gifts were invalid because Zimmerman never expressed donative intent and did not actually deliver the gifts. Explanation: The gift was not effective and the court would order the bonds be returned to the estate. Zimmerman did not make gifts of the bonds because he did not express the requisite donative intent, and did not deliver the gifts. Giving the bonds to Robertson for "safekeeping" does not show donative intent. Further, if the papers containing the names of the relatives implied donative intent, the gifts lacked a complete and unconditional delivery.
Kailin owns a farm near Manhattan, Kansas, with a farmhouse, barn, and other structures permanently attached. Kailin grows soybeans on the property. A pond lies within the boundaries. Land includes:
the pond, the soil, and the structures
Over the course of a week, Quinn finished writing several poems, bought a new blender, replaced the sink in the bathroom, and purchased an online video game. Quinn's personal property includes:
the rights to play the video game. the blender. the copyright on the poems.
Over the course of a week, Quinn finished writing several poems, bought a new blender, replaced the sink in the bathroom, and purchased an online video game. Quinn's personal property includes all of the following EXCEPT: the rights to play the video game. the blender. the sink. the copyright on the poems.
the sink
Confusion of goods frequently occurs with fungible goods, such as grain or oil, because:
units of the goods are identical.
A deed in which the grantor assures the grantee that the grantor has title to the property conveyed in the deed, that there are no encumbrances on the property other than what the grantor has represented, and that the grantee will enjoy quiet possession of the property is called a:
warranty deed
The type of deed that provides a buyer with the greatest legal protection is a:
warranty deed
