1. Mildred deeded property to her daughter, Victoria. The deed explicitly stated that Mildred would remain the owner of the property for the remainder of her life and that at her death, Victoria would become the owner of the property. What type of possessory interest does Mildred possess after the transaction?
A. Easement appurtenant
B. Life estate
C. Fee simple absolute
2. Tom contracts to purchase Elmer’s house. A chandelier in the hallway is one of the features Tom likes about the house. After the closing, Tom arrives at the house, discovers Elmer in the process of removing the chandelier, and demands that Elmer stop because the chandelier now belongs to Tom. Which of the following are not relevant to determining ownership of the chandelier?
A. Whether the chandelier has been adapted to the intended use of the house
B. The value of the chandelier in proportion to the value of the real estate as a whole
C. Whether the chandelier can be removed without damage to the real estate
D. Whether there was a temporary or permanent installation of the chandelier at Elmer’s house
3. An airplane flies 3,000 feet over Elmer’s property. Elmer sues the airline, claiming that trespass has occurred. Which of the following statements is true?
A. Trespass has occurred because Elmer owns the air up to 5,000 feet.
B. Trespass hasn’t occurred because no one stepped on ground owned by Elmer.
C. If the airplane was visible from Elmer’s property, trespass has occurred.
D. Trespass hasn’t occurred because the plane was 3,000 feet high.
4. Which of the following is most likely to have no effect on a will?
A. Living will
5. Anyone owning real property outright, or forever, is said to have a/an
A. reversion estate.
B. estate in fee simple.
C. life estate.
D. remainder estate.
6. Bart conveys real property to Ginny. Ginny later learns that Bart owned no interest in the property. Ginny sues Bart for damage. Ginny will win unless the deed was a __________ deed.
C. general warranty
D. special warranty
7. Landlord rents to tenant and requires a $750 security deposit. In most states, which of the following statements is true?
A. The security deposit must be kept in the tenant’s personal checking account.
B. The security deposit may be deposited in the landlord’s personal checking account, but the account balance must never fall below $750.
C. The landlord may spend the security deposit for his own use.
D. The security deposit must be deposited in a separate account and not commingled with the landlord’s personal funds.
8. Bob rents from Sally and would like to assign his rights to Fred. Which of the following statements is true?
A. Bob may do so without explicit assignment from the lease.
B. Bob may not do so if the lease prohibits it without Sally’s permission.
C. Bob may do so if Sally withholds reasonable permission.
D. Bob may not do so if the lease doesn’t address assignment.
9. Carl runs a gas station on Macy Boulevard. Macy Boulevard’s zoning doesn’t permit use of property as a gas station. Carl is in violation of zoning laws unless
A. no one complains.
B. Carl’s use began after the zoning law prohibiting gas stations was adopted.
C. the zoning law would cause hardship to Carl.
D. Carl’s use began before the zoning law prohibiting gas stations was adopted.
10. Tom contracts to purchase Elmer’s house. Elmer has a vegetable garden in his backyard. After the closing, Tom arrives to move in and sees Elmer pick a tomato from the vegetable garden and put it in his pocket. Tom protests, claiming that the tomato is part of the real estate Tom purchased from Elmer. Which of the following statements is true?
A. The tomato belongs to Tom if it’s an annual crop.
B. Elmer and Tom must divide the tomatoes equally.
C. The tomato belongs to Elmer if it’s a perennial crop.
D. The tomato belongs to Elmer if it’s an annual crop.
11. Bazel and Bennie own several investment properties together. Each of the properties was deeded so on the death of either Bazel or Bennie, each individual’s share will pass to the deceased’s heirs. What type of ownership do Bazel and Bennie possess in the investment property?
A. Tenancy by the entirety
B. Tenancy in common
C. Joint tenancy
D. Community property
12. Tom has the right to use property temporarily and also has a present possessory estate. The interest Tom owns is
C. both leasehold and lodging.
13. Elmer acquired real property from his mother as a gift while mother was alive. Elmer is his mother’s only living child. Elmer acquired the property by
B. adverse possession.
14. Woody owns a movie theater. One night, Woody finds a purse beside one of the seats in the theater after all of the moviegoers have left for the evening. Given this set of facts, Woody
A. may become the owner of the purse and its contents, if he doesn’t know the identity of the true owner.
B. may not become the owner of the purse and its contents because the purse is misplaced property.
C. possesses an affirmative duty to contact the authorities regarding the purse.
D. possesses an affirmative duty to run ads in the local newspaper and to place flyers in the theater regarding the purse.
15. Elmer steals Mike’s bike and takes it to Peter’s used bike shop. Peter purchases the bike from Elmer for $50. Then Peter puts the bike up for sale for $75. Mike stops in Peter’s bike shop to look for a new bike, sees that Peter has his bike and demands that Peter surrender it. Which of the following statements is true?
A. Peter doesn’t need to surrender the bike, but Mike may sue Elmer for damages.
B. Peter must surrender the bike to Mike without payment.
C. Peter must surrender the bike to Mike, but Mike must pay Peter $50.
D. Mike may purchase the bike for $75.
16. Terry takes her coat to Dick’s dry cleaners to be cleaned. While being cleaned, the coat is damaged. Terry sues Dick for damages. To prevail Terry must prove that Dick
A. failed to exercise reasonable care.
B. failed to exercise at least slight care.
C. wasn’t negligent.
D. was grossly negligent.
17. Tom gives Samuel permission to move into a vacant house that Tom owns and live there without paying rent. Samuel lives there for 20 years, acting like the owner and making improvements to the house. Samuel now asserts that he is the owner. Which of the following statements is true?
A. Samuel is the owner if the requisite period for adverse possession is 20 years.
B. Samuel is the owner if the use was continuous for the requisite period.
C. Samuel has become a co-owner with Tom.
D. Samuel isn’t the owner.
18. The county wishes to build a public road across land that belongs to Bob. Which of the following statements is true?
A. The county may take the land for a public purpose but must compensate Bob.
B. The county must negotiate with Bob and persuade him to sell.
C. Bob must sell to the county, but only if the price suits Bob.
D. The county may take the land without compensation because it’s doing so for a public purpose.
19. When items in the possession of a bailee are damaged, lost, or stolen, and the bailor sues for damages, in most courts, the burden is on the
A. bailee to prove that he or she wasn’t negligence only if the bailment was for the benefit of bailee only.
B. bailor to prove that the bailee was negligent.
C. bailor to prove negligence if the bailment was for the mutual benefit of both parties.
D. bailee to prove that he or she wasn’t negligent.
20. Elmer is a tenant in possession, but his possession is wrongful. Elmer has a
A. tenancy for years.
B. periodic tenancy.
C. tenancy at sufferance.
D. tenancy at will.