Chapter 5: Property Law

Question 1

Copyrights

Answer 1

Courts consider the following in determining fair use:

• Purpose of the use
• Nature of the work
• Amount and substantiality of the portion used
• Effect of the use of the work’s value
• Extent to which the use might deprive the copyright owner of economic advantage

Question 2

Gift

Answer 2

Requires three elements:

• Donative intent
• Delivery
• Acceptance

Question 3

Bailment

Answer 3

Three elements:

• The transfer of possession of personal property without transfer of Title
• The bailee’s acceptance of the bailed property
• The bailee’s express or implied agreement to redeliver the property to the bailout or to a designated third party

Question 4

Real Property Ownership

Answer 4

Two types of estate, or ownership interest, in real property:

• Fee simple estate
  
  • full ownership interest; right to dispose of it
• Life estate
  
  • lasts until the death of a specified individual

Question 5

Real Property Ownership

Answer 5

Ownership forms when more than one person owns the property:

• Joint tenancy
• Tenancy in the entirety
• Tenancy in common
• Community Property
• Cooperative ownership
• Condominium ownership

Question 6

Tenancy in Common

Answer 6

Differs from joint tenancy and tenancy in the entirety in these ways:

• It involves no survivorship
• The parties can own unequal shares
• The parties need not derive their interests in the same deed from the same grantor

Question 7

Condominium Ownership

Answer 7

Concurrent ownership and has two legal elements:

• Individual ownership of a “unit” or separate, defined are
• An undivided interest in a common or public areas (common elements) that serve all individual units

Question 8

Real Property Sales

Answer 8

Three types of deeds:

• Warranty deeds
• Bargain-and-sale deeds
• Quit-claim deeds

Question 9

Elements of a Contract of Sale

Answer 9

A contract of sale for real property requires these elements:

• Writing
• Essential terms

Question 10

Trust Deeds

Answer 10

Trust deeds have three parties (vs two for a regular mortgage):

1. ) The borrower (trustor) who transfers the land
2. ) The trustee, to whom the land is transferred
3. ) The beneficiaries, for whose benefit the transfer is made

Question 11

Mechanics’ Liens on Real Property

Answer 11

Must include:

• Amount claimed
• Claimant’s name and address
• Type of improvement
• Description of the land
• Owner’s name

Question 12

Incidental Real Property Rights

Answer 12

Rights arising from either possession or ownership of land:

• Adverse possession
• Rights under, above, and on the land’s surface
• Rights to lateral and subjacent support
• Water rights
• Ownership of fixtures

Question 13

Incorporeal Interests

Answer 13

The law recognized four major incorporeal interests:

• Easements
• Profits a prendre
• Seller’s Restrictions on Land Use
• Lease situations

Question 14

Government Controls

Answer 14

• Zoning
• Building controls
• Eminent domain

Question 15

Zoning

Answer 15

Two ways to relieve a property from compliance with a zoning ordinance:

• Special exceptions
• Variances
  
  • Hardship variance
  • Use variance

Question 16

Eminent Domain

Answer 16

Two conditions:

• The land must be taken for public use or public benefit
• Just compensation must be paid to the property owner

Question 17

The Landlord and Tenant Relationship

Answer 17

Four specific areas:

• The types of landlord-tenant estates, or relationships
• Landlords’ rights and duties
• Landlords’ remedies
• Tenants’ rights and duties

Question 18

Types of Landlord-Tenant Estates

Answer 18

• Tenancy at Will
• Estate for Years
• Periodic Tenancy

Question 19

Tenant’s Rights and Duties

Answer 19

Tenant need not pay rent if:

1. ) The tenant has demanded that the landlord correct the situation
2. ) The landlord has not corrected the situation within a reasonable time
3. ) The tenant has left the premises at the end of that reasonable time