Property Law

Question 2

What does Real Property include?

Answer 2

Land, buildings fixed to the land, property under the land and above the land

Question 3

What are the characteristics of a deed?

Answer 3

Must be in writing Signed Description of Property Delivered Recorded

Question 4

What are the characteristics of a Mortgage?

Answer 4

Must be in writing Signed Description of property Delivered

Question 5

What are the characteristics of a lease?

Answer 5

No writing required if < 1 year Warranty of habitability is implied Death does not terminate a lease Sale of property does not terminate a lease

Question 6

What is personal property?

Answer 6

Tangible property, such as cars, equipment, etc. Intangible property such as patents, trademarks, copyrights, etc.

Question 7

What are the three requirements for a gift?

Answer 7

Intent for it to be a gift Delivery of the gift Acceptance of the gift

Question 8

What are the rights of found property?

Answer 8

Lost property - Finder’s rights to property are less than Owner’s Abandoned property - Finder’s rights to property are greater than Owner’s

Question 9

What is tenancy in common?

Answer 9

Undivided interest in a portion of the property Upon death, property goes to decedent’s heirs

Question 10

What is joint tenancy?

Answer 10

Undivided interest in entire property Upon death, property goes to other joint tenants