Capitulo 3

Question 1

The process whereby a non-owner can gain ownership of
property by occupying it in hostile, continuous, open, and
notorious possession, and in Utah, paying the property taxes for
the statutory period of time (7 years in Utah).

Answer 1

̑̑ Adverse Possession

Question 2

To all outward public appearance, or from a document that
seems to be valid, the possessor of the property would seem to
have ownership.

Answer 2

̑̑ Color of Title

Question 3

A form of ownership between husband and wife where each has
an equal interest in property obtained during their marriage.
The only way either can hold separate property is to obtain
it before marriage, after the marriage is ended, or during the
marriage by gift or inheritance.

Answer 3

̑̑ Community Property

Question 4

A legal person. It cannot die or go to jail.

Answer 4

̑̑ Corporation

Question 5

A private individual’s gift of property for public use. It may be
voluntary (giving land for a public park) or statutory (subdivider
giving land for roads).

Answer 5

̑̑ Dedication

Question 6

A partner who has full authority to make decisions, act for the
partnership, and has full liability for the business dealings of the
partnership.

Answer 6

̑̑ General Partner

Question 7

A partnership composed only of general partners.

Answer 7

̑̑ General Partnership

Question 8

A form of concurrent ownership where all owners have equal
rights of possession, equal interest, took title at the same time,
there is one deed, and each owner has full rights of survivorship.

Answer 8

̑̑ Joint Tenancy

Question 9

A “temporary” partnership between individuals and/or

companies to accomplish a particular project or business activity.

Answer 9

̑̑ Joint Venture

Question 10

A partner who has no authority to make decisions or act for the
partnership. He is financially liable only for the amount of his
investment.

Answer 10

̑̑ Limited Partner

Question 11

A partnership with at least one general partner and one limited
partner. Beyond that, there can be as many general or limited
partners as desired.

Answer 11

̑̑ Limited Partnership

Question 12

An individual. The opposite of a legal person.

Answer 12

̑̑ Natural Person

Question 13

A court process where property owned concurrently can be
divided into distinct portions so each co-owner may hold his or
her portion in severalty. The court may order the property sold.

Answer 13

̑̑ Partition Suit

Question 14

A court action to determine the actual ownership of real property.
This type of proceeding would be conducted to transfer title to an
adverse possessor

Answer 14

̑̑ Quiet Title Action

Question 15

A form of ownership wherein an individual owns the property in
sole ownership.

Answer 15

̑̑ Severalty

Question 16

When the developer is allowed by the city, county, or state to
convey the streets, sidewalks, gutters, etc. for maintenance by the
government

Answer 16

̑̑ Statutory Dedication

Question 17

The surviving owner(s) automatically receives ownership of the
deceased person’s share. It takes precedence over a will.

Answer 17

̑̑ Survivorship

Question 18

In adverse possession, this process allows consecutive periods of
adverse possession by multiple adverse possessors to be added
together to make up the required number of years.

Answer 18

̑̑ Tacking

Question 19

A form of ownership that can only be held by husband and wife,
similar to joint tenancy, except that one party cannot sell or
encumber the property without the approval of the spouse.

Answer 19

̑̑ Tenancy by the Entirety

Question 20

A form of ownership where owners have full rights of possession,
but each owner can have a different percent of ownership. Upon
the death of one, that interest goes to the heirs.

Answer 20

̑̑ Tenancy in Common

Question 21

An abstract term denoting ownership; not a document

Answer 21

̑̑ Title

Question 22

When a private individual gives land as a gift for public use, such
as land for a park, church, hospital, etc.

Answer 22

̑̑ Voluntary Dedication

Question 23

Jason and Harriet Telford bought a home. The deed named them as grantees, but failed to indicate if
they were tenants in common or joint tenants. Later Jason was killed in an accident. His will read that
all of his real and personal property was to be divided equally between his children. Harriet claimed
that she and Jason were joint tenants and therefore she should get all of the property. It ended up in
court. How will the court most likely rule in this case?

Answer 23

1. A By Utah law, if the deed is ambiguous, the court will declare it to be joint tenancy between
   husband and wife. The kids have no claim

Question 24

When all partners are general partners, the organization is considered to be a:

Answer 24

.2. A General Partnership

Question 25

Which of the following is a feature of a corporation?

Answer 25

3. A Personal assets are protected from law suits brought against the corporation.

Question 26

John and Lucy Mason own their home together. If one of them dies the other will automatically own
the property. Therefore they own their property as:

Answer 26

4. C C. Joint Tenants

Question 27

Kyle and Bob own property as joint tenants. Bob dies. Kyle has Bob’s name removed from the
ownership. Kyle now:

Answer 27

5. B B. Owns the property as a tenant in severalty.

Question 28

A little known fact about joint tenancy is that:

Answer 28

6. BB. Joint tenants cannot own unequal shares of the property.