Q&A Hero

Q: Sally seeks to list her home with Barry, a real estate broker. Sally and Barry agree that Barry will receive a commission if the home sells within 90 days, regardless of who actually causes the sale of the property. Sally and Barry have a(n): A. open listing contract. B. exclusive agency contract. C. exclusive right to sell contract. D. restrictive covenant contract.

Q: Why must real estate sales contracts be evidenced in writing and signed by the party to be charged in order to be enforceable? A. Contracts of such property are covered under the statute of frauds. B. Such property would otherwise not be entitled to mortgage. C. Such property would otherwise not be entitled to insurance. D. Such property would otherwise be liable to eminent domain.

Q: Adams issues license of his land to Crowe for planting flower trees only. He makes it clear to Crowe in the deed that he may not take undue advantage of the license by using it for commercial purposes. However, after a few days, Adams realizes that Crowe has made a profit by selling flowers, without his knowledge. Can Adams recover the amount which Crowe collected from sale? A. Yes because, Adams is the owner of the land. B. Yes because, Adams restrictions were clear. C. No because, Adams has already licensed Crow to use his land. D. No because, Adams does not possess any rights until the license expires.

Q: In order to "run with the land," a restrictive covenant must essentially: A. be related to any disputed property. B. have a number of claimants to an estate. C. be binding on the original parties and their successors. D. be a joint tenancy.

Q: What is the term for a temporary right to enter another person's land for a specific purpose? A. License B. Profit C. Conveyance D. Estate

Q: Which of the following is sufficient for a gift of real property to be valid? A. Properly executed deed B. Possession of the property C. Actual possession of the property D. An oral declaration

Q: Scrooge's property contains a restrictive covenant that allows only residential use of the land to his inheritors. Over the years, all the adjoining areas of land have become industrial areas. Scrooge's great-grandson, the present owner of his land, wants to set up a small manufacturing unit there. Will he be able to do so? A. Yes, since he is the present owner. B. Yes, because the circumstances have changed completely. C. No, the restrictive covenant is completely binding. D. No, there cannot be a waiver because Scrooge is dead.

Q: Richard sells land to Jones but reserves the mineral rights to the property as well as an easement to enter the land to remove the minerals. Richard has acquired easement by: A. prescription. B. grant. C. reservation. D. implication.

Q: A(n) _____ is a right to enter another person's land and remove some product or part of the land. A. profit B. estate C. easement D. covenant

Q: In order to create an easement by prescription a person must, in addition to fulfilling other requirements, have: A. recorded the easement immediately upon its creation. B. received the express or implied consent of the true owner. C. used the land of another out of necessity. D. used the land of another openly, continuously, and adverse to the owner's rights.

Q: An easement by prior use is created by: A. grant. B. prescription. C. reservation. D. implication.

Q: Mary wants to buy an apartment in a building that is owned by ABC Corporation. Mary then purchases stock in ABC Corporation and holds her apartment under a proprietary lease. Under which ownership has Mary acquired title to such an apartment? A. Condominium Ownership B. Co-ownership in form of tenancy in partnership C. Ownership acquired by gift D. Cooperative Ownership

Q: Which of the following is a true statement about easements? A. It gives the right to make certain uses of another's property. B. They are more informal than licenses. C. It pertains to personal rather than real property. D. They cannot pass with the land.

Q: Green and Nunn own a 40-acre parcel of land as joint tenants with the right of survivorship. Nunn wishes to sell the land to Ink. If Nunn alone executes and delivers a deed to Ink, what will be the result? A. Green will retain a undivided interest in the 40-acre parcel, and will be unable to set aside Nunn's conveyance to Ink. B. Ink will obtain an interest in of the parcel, or 20 acres. C. Ink will share ownership of the 40 acres with Green as a joint tenant with a right of survivorship. D. The conveyance will be invalid because Green did not sign the deed.

Q: Which of the following typically characterizes community property? A. Partners get a share depending on who earned the property. B. One partner may convey property without the other's approval. C. It is property acquired during marriage. D. Inheritance is covered under community property.

Q: Which of the following requires tenants to be married to each other? A. Tenancy in partnership B. Tenancy in common C. Joint tenancy D. Tenancy by the entirety

Q: Archibald and Priscilla, an unmarried couple, co-owned a house. Priscilla automatically became the owner of the house upon Archibald's death. What kind of a co-ownership did they have? A. Tenancy in common B. Tenancy by the entirety C. Joint tenancy D. Cooperative ownership

Q: Ivor, Queen, and Lear own a building as joint tenants with the right of survivorship. Ivor donated his interest in the building to Day Charity by executing and delivering a deed to Day. Both Queen and Lear refused to consent to Ivor's transfer to Day. Subsequently, both Lear and Queen died. After their deaths, Day's interest in the building consisted of: A. total ownership due to the deaths of Queen and Lear. B. no interest because Queen and Lear refused to consent to the transfer. C. a 1/3 interest as a joint tenant. D. a 1/3 interest as a tenant in common.

Q: Which of the following grants a person unconditional power to dispose of the property during her lifetime or upon her death? A. License B. Easement C. Fee simple absolute D. Profit

Q: Jane and her brother each own a interest in certain real property as tenants in common. Jane's interest: A. is considered personal property. B. will pass to her brother by operation of law upon Jane's death. C. will pass upon her death to the person Jane designates in her will. D. may not be transferred during Jane's lifetime without her brother's consent.

Q: Which of the following is true of a joint tenancy? A. It is created by a corporation or a group of persons. B. It requires that the tenants be married to each other. C. Selling of property by a joint tenant leads to creation of a tenancy in common. D. A joint tenant can sell but not gift his part of the property.

Q: What distinguishes a joint tenancy from a tenancy in common? A. Marriage between tenants B. Right of survivorship C. An easement by reservation D. A bargain and sale deed

Q: Which of the following factors is most significant in determining whether an item of personal property has become a fixture? A. The extent of injury to the property by its removal. B. The value of the item. C. Actual physical attachment to real property. D. The buyer of the item.

Q: When a piece of Real Property is sold who will own the fixtures? A. The new owner of the Real Property B. The former owner of the Real Property C. The Secretary of State D. No one owns the fixtures, they are community property

Q: The term _____ is used to describe the nature of a person's ownership interest in real property. A. tenancy B. fixture C. estate D. easement

Q: Which of the following characterizes a tenancy in common? A. Each tenant has equal right to possess and use the property. B. The tenants must be a married couple. C. It grants the right of survivorship. D. Tenants are not allowed to divide the property.

Q: Homer and Marge bought Blueacres as tenants in common with equal shares of ownership. One year later, Homer died, leaving a will in which he left his interest in Blueacres to his son, Bart. Under these circumstances: A. Marge will acquire complete ownership of the property. B. Marge and Bart own the property as tenants in common. C. Bart will be considered Marge's tenant on rent. D. Marge and Bart are co-owners, but Marge has the right to exclusive possession.

Q: Any land owner can bring an action for a public nuisance.

Q: In the sale of a home, which of the following would likely be treated as a fixture? A. A couch to match the upholstery B. A ceiling fan C. A lawn mower D. A new console table

Q: A warranty that amounts to a guarantee that house is free of latent defects that would render it unsafe or unsuitable for human habitation is called implied warranty of habitability.

Q: Courts have become increasingly inclined, in recent years, to hold that owners of commercial property owe persons lawfully on the property a duty to take reasonable steps to protect them against the foreseeable criminal acts of third parties.

Q: The power of eminent domain enables a private citizen to sue neighbors for any kind of nuisance.

Q: Alex has executed a deed in favor of Baxter which conveys in his favor whatever title he has at the time he executes the deed. This deed is called a warranty deed.

Q: A deed which provides notice to the public at large about the grantee's property interest is called a recorded deed.

Q: A policy which obligates the grantor for reimbursing to the grantee for loss, if the title proves to be defective is called the policy of abstract title.

Q: In order to acquire title to property by adverse possession, the adverse possessor must continually use the property for a statutorily prescribed period of time.

Q: An exclusive right to sell listing means that a broker receives a commission on a sale of the property even if the seller found the buyer.

Q: Mr. Green sneaks into hunting property of Mr. Blue. Mr. Green builds a basic structure that is hidden from plain site. Ten years later Mr. Green files for title of the property. A court will reject Mr. Green's assertion of ownership of the property.

Q: An easement is a transfer of ownership real property from one person to another.

Q: An easement by necessity is created when passage through one parcel of land is necessary to access another parcel of land.

Q: One requirement of a joint tenancy is that the co-owners must be married.

Q: In community property states, land acquired during marriage will be deemed community property.

Q: The term estate is the reference to an individual's interest in a real property.

Q: A restrictive covenant may no longer be valid if the circumstances surrounding the need for the covenant drastically change.

Q: When a tenant in common dies, his interest in the property does not automatically transfer to the other tenants in common.

Q: Remote control devices used for automatic garage doors are examples of fixtures.

Q: The owner of a tract of real property owns the air above and the mineral below.

Q: A fixture is an attached item that is considered to be part of the real property.

Q: A fee simple absolute gives a person the right to possess and use property for a time measured by his or another person's lifetime.

Q: Davidson borrowed a motorcycle from his friend, Harley. Harley did not know that the motorcycle had a defect that could cause the brakes to malfunction. While Davidson was riding the motorcycle, the brakes malfunctioned. This caused an accident and Davidson was injured. What duty of care, if any, did Harley owe to Davidson under the traditional common law rule? A. The duty of reasonable carethe same duty a bailor owes to a bailee in a bailment for mutual benefit. B. The highest duty of care because this was a bailment for the benefit of the bailor. C. A duty to tell Davidson of any known defects in the motorcycle because this was a bailment for the benefit of the bailee. D. No duty of care, because this was a gratuitous bailment.

Q: Chloe took her watch to a jeweler to have it repaired. While the jeweler had possession of the watch, a thief broke into the shop. The thief stole Chloe's watch and other items of jewelry. Which of the following is true? A. Because this was a bailment for the benefit of the jeweler, the jeweler is strictly liable to Chloe for the value of the watch. B. This was a mutual benefit bailment, meaning that the jeweler is liable to Chloe if he did not use reasonable care to protect the watch. C. No bailment existed between Chloe and the jeweler. D. Because this was a bailment for the benefit of Chloe, the jeweler cannot be held liable to her.

Q: You need to drive to Spokane to pick up your parents. Your car is being repaired, and is therefore unavailable. You ask your good friend Ed if he will lend you his car. You take Ed's car and drive to Spokane. This is: A. a mutual benefit bailment. B. a bailment exclusively for the benefit of the bailee. C. a bailment exclusively for the benefit of the bailor. D. no bailment because no consideration was paid to Ed.

Q: In which of the following circumstances would the bailee be expected to exercise ordinary care? A. Harold promises to look after Kate's puppy in exchange for her cleaning his car. B. Dave looks after Stacey's dog while she is on vacation with her friends. C. Nigel borrows a rare book from his professor to write a class report. D. Melissa helps old Mrs. Henderson clean her garage on Sunday afternoon.

Q: Real property includes land but does not include residential buildings and permanent structures.

Q: Carl gave his car to be serviced and washed at Harold's carwash. Unknown to either of them, Danny replaces the engine in the car with a new four-speed transmission. He now claims that the car belongs to him. Which of the following is true? A. Carl remains the actual owner, as he always was. B. Danny has rights over the car since he improved it. C. The car belongs to Harold because he is the owner of the carwash. D. Danny can sue both Harold and Carl if they do not pay him.

Q: What is the term for a voluntary transfer of property to a donee from the donor? A. Conveyance B. Trust C. Gift D. Title

Q: Which of these is an essential element of a bailment? A. The bailee has no responsibility for the bailed property. B. There has to be a written agreement between the two parties. C. The bailee is allowed to make changes to the bailed property. D. The bailor owns personal property or holds the right to possess it.

Q: Karen parked her car in a parking lot. She paid the $2 fee and left for several hours. She kept her keys and had access to her car during that time. When Karen returned, she saw that her car had been damaged. Has a bailment been created here? A. This is a bailment, because Karen paid a fee to park in the lot. B. This is a bailment, because the car is a personal property. C. This is not a bailment, because there was no transfer of exclusive possession to a bailee. D. This is not a bailment, because there is no contract here.

Q: A gift inter vivos is a gift: A. made in contemplation of death. B. between two living persons. C. between a deceased person and a living one. D. made in consideration for money.

Q: The Uniform Transfers to Minors Act: A. permits the donor to deliver the property to a custodian who acts for the benefit of the minor under the Act. B. prohibits an adult from making a gift to a minor unless the minor is the child of the donor. C. provides a method for making gifts to minors, who are defined by the Act as children under the age of 16. D. provides a complicated and abstract method of transferring money to minors.

Q: Which of the following characterizes the Uniform Transfers to Minors Act? A. The custodian must be the transferor himself. B. It defines a minor as anyone under the age of 21. C. It only covers the transfer of real property to a minor. D. It has been adopted in a few states.

Q: A gift causa mortis is a gift made in: A. case of a birth. B. anticipation of birth. C. fear of death. D. contemplation of death.

Q: Which of the following is an example of a gift inter vivos? A. Tom is promised a watch by his uncle in case he dies during an operation. B. Eva receives a car as a birthday gift from her father. C. Casey inherits a huge mansion according to his late grandfather's will. D. A charity home receives a huge grant from its dead benefactor's trust.

Q: Why is a conditional gift considered to be an incomplete gift? A. It may be revoked by the donor. B. It involves money transactions. C. The donee may refuse the gift. D. The donor is liable to the donee in the future.

Q: Debbie gives Barry a Cartier watch as a gift for their engagement. A week later, Debbie suddenly leaves the country, leaving Barry a note that she cannot marry him. Assume that Debbie had no good reason to break off the engagement. Under the traditional rule: A. Debbie will be able to recover the watch because she does not intend Barry to keep the gift. B. Debbie will be able to recover the watch because the gift was made on the implied condition of marriage. C. Debbie cannot recover the watch, because she is in a foreign country. D. Debbie cannot recover the watch because it is a valid gift delivered to Barry.

Q: Some states have a statute that allows finders of property to clear their title to the property. These are called: A. leasings. B. statutes of limitations. C. estray statutes. D. exculpatory clauses.

Q: Which of the following is a transfer of the right to possess and use personal property belonging to another without gaining any ownership rights? A. Conversion B. Bailment C. Inheritance D. Lease

Q: Amber gave her boyfriend, Hunter, an expensive set of stereo speakers for his birthday. Two days later, Hunter broke up with Amber and began dating Kelly. Amber is both heartbroken and furious. Is she entitled to get the speakers back from Hunter? A. Yes, because Hunter provided Amber no consideration. B. No, because she intended to make a gift of the speakers and actually delivered them to Hunter. C. No, because this was a gift causa mortis. D. Yes, because a donor is entitled to revoke her gift within a reasonable time.

Q: Which of the following is the most essential requirement while making a valid gift? A. Intention B. Delivery C. Consideration D. Acceptance

Q: Which of the following is true of conditional gifts? A. They are considered completed gifts. B. They come with certain restrictions. C. They cannot be revoked. D. They need to be delivered.

Q: Jacobs put an old typewriter in the trash. The trash collector, Land, took the typewriter, fixed it up, and sold it to Jones for $750. Jacobs contends that he is entitled to some or all of the $750 that Land received from Jones. Based on these facts: A. Land is entitled to the value of the improvements he made, but Jacobs is entitled to the difference between the $750 Land received and the value of the improvements Land made. B. Land is entitled to keep the full $750 because Jacobs had abandoned the typewriter. C. Jacobs is entitled to the $750 because Land paid Jacobs no consideration for the typewriter. D. Jacobs is entitled to recover the typewriter from Jones.

Q: Rachel was jogging when she slipped and fell on the jogging track and her diamond bracelet fell off her hand. She got and up resumed her jog, unaware of what had happened. A little later, Judy came jogging on the same track and discovered the bracelet. Which of the following is true of the case? A. The bracelet is lost property that Judy can hold until the owner claims it. B. The bracelet is abandoned property. C. The bracelet has two rightful owners. D. The bracelet now belongs to the local authorities.

Q: Sarah is hiking in the Clearwater National Forest and her wristwatch falls off her wrist. Sarah does not notice this, and the watch falls onto the trail. Later, Hans finds the watch. How may this watch best be described? A. Lost property B. Mislaid property C. Abandoned property D. Bailment property

Q: In which of the following cases does a finder have no rights at all to the property? A. Abandoned property B. Lost property C. Mislaid property D. Inherited property

Q: Dan has leased a site from Mark for a period of 2 years. Bob is interested in purchasing it and makes a great offer to him for the site. In this case: A. Dan cannot sell the land because he does not have ownership. B. Dan cannot sell the land, unless he stays on it for more than 5 years. C. Dan can sell the land because he has leased it from Mark. D. Dan can sell the land if the amount offered is equal to the value of the site.

Q: Three friends (Mr. Blue, Mr. Green & Mr. Yellow) go on a hunt for a brown bear. Mr. Blue organized the hunt. All three hunters saw a brown bear. Mr. Blue fired but missed. Mr. Yellow fired and was first to hit the bear, but only wounded the bear. Mr. Green fired and killed the bear. Who owns the dead bear? A. Mr. Blue B. Mr. Green C. Mr. Yellow D. All three hunters

Q: Anya leaves her expensive handbag in the washroom of a restaurant. Melissa follows her inside, quietly hides the handbag inside her coat, and leaves the washroom. She refuses to tell Anya the truth even when the former frantically starts searching for her handbag as soon as she discovers its loss. Melissa is guilty of: A. conversion. B. bailment. C. confusion. D. fixture.

Q: Which of the following is an example of personal property? A. Land B. Commercial Office Building C. House D. Books

Q: Which of the following is the most common method of obtaining ownership of property? A. Claiming abandoned property B. Producing the property C. Inheriting the property D. Discovering the property

Q: Under tariff rules, a common carrier may limit her liability to a shipper's declaration of value, provided that the rates are dependent on value.