Property Law

Question 1

Real property (realty)

Answer 1

Land including structures or rights attached to the land

Question 2

Three features of ownership

Answer 2

Right to exclude all others

Right to pass title

Obligations of ownership (taxes, etx)

Question 3

Copyright Act of 1978

Answer 3

Permits fair use of material without owner’s consent

Question 4

Accession

Answer 4

Increase or addition to property

Question 5

Relative value test

Answer 5

Applied to restore innocent parties to a status as close to their original status as possible

Question 6

Confusion

Answer 6

Intermingling of goods belonging to different owners

Question 7

Three elements of a gift

Answer 7

Donative intent (in the present)

Delivery

Acceptance (cannot force a gift)

Question 8

Three elements of a bailment

Answer 8

Transfer of possession without transfer of title

Bailee’s acceptance

Bailee’s agreement to redeliver to bailor or a third person

Question 9

Possessory lien

Answer 9

Bailee’s right to retain possession as security

Question 10

Fee simple estate

Answer 10

Full ownership interest with unconditional right to dispose of it

Question 11

Life estate

Answer 11

Lasts only until the death of a specified individual

Question 12

Joint tenancy

Answer 12

Concurrently owned and undivided interest in an estate

Transfers to surviving joint tenant(s) upon death

Same conditions apply to all

Question 13

Tenancy by entirety

Answer 13

Joint tenancy between husband and wife

Question 14

Tenancy in common

Answer 14

Equal or unequal shares

Two or more joint tenants who lack survivorship rights

No survivorship

Question 15

Community property

Answer 15

Property owned/acquired by both spouses during a marriage (each has one-half interest)

Question 16

Cooperative ownership

Answer 16

Ownership by corporation in which stockholders receive long-term proprietary leases

Question 17

Condominium ownership

Answer 17

Individual ownership of a unit

Undivided interest in common or public areas

Question 18

Requirements for a contract of real property

Answer 18

Writing

Essential terms (i.e. price, description)

Question 19

General warranty deed

Answer 19

Title is free of all encumberances

Question 20

Special warranty deed

Answer 20

Only against those encumberances and defects in title that might have been created since grantor took title

Title insurance particularly important

Question 21

Bargain-and-sale deed

Answer 21

Lacks any guarantee from seller about validity of title nor that it is free of encumberances

Question 22

Quit-claim deed

Answer 22

Tranfers only title the grantor has in the land at the time of transfer

Question 23

Mechanic’s lien

Answer 23

Granted to anyone who repairs a specific piece of property

Question 24

Secret lien

Answer 24

Not recorded

Even an inspection of the property would not disclose that work is starting in the future

Question 25

Adverse possession

Answer 25

Adverse party must have exclusive possession

Possession must be open and obvious

Possession must be without owner’s permission

Must be continuous for a statutory period

Question 26

Lateral support

Answer 26

Righ tto have land supported by the land adjacent to it

Only applies to land in natural state

Question 27

Subjacent support

Answer 27

Right to have land supported by earth below it

Question 28

Fixture tests

Answer 28

Can it be removed without substantial injury to realty?

Is it specially constructed for the building?

Did attaching party intent for it to become part of the building?

Question 29

Trade fixture

Answer 29

May be attached during tenant’s occupancy with the intention that they be removed when the tenant leaves

Question 30

Profits a prendre

Answer 30

Right to enter another’s land and take away something of value from its soil

Question 31

License

Answer 31

Permission to use real property for a particular purpose

Question 32

Exclusionary zoning

Answer 32

Act of restricting land use either by prohibiting additional building or requiring high standards

Question 33

Spot zoning

Answer 33

Assigning different use for small area of land than the surrounding area

Question 34

Hardship variance

Answer 34

Exception to application of zoning ordinance if requirements would result in peculiar and exceptional difficulties on owner

Question 35

Eminent domain

Answer 35

Right of a government to seize private property for public use

Question 36

Three types of landlord-tenant estates

Answer 36

Tenancy at will (as long as landlord desires)

Estate for years (definite period)

Periodic tenancy

Question 37

Constructive eviction

Answer 37

When actions or inactions of a landlord prevent tenant from enjoying substantial or integral part of the premises

Question 38

When tenant need not pay rent

Answer 38

Tenant has demanded landlord correct a situation

Landlord has not corrected within a reasonable time

Tenant has left premises at the end of the reasonable time