Q&A Hero

Q: Adele and Roy established a trailer park and restaurant on their property to supplement their income. Acme Oil operated a refinery 1,000 feet from Adele and Roy's property. The refinery regularly emits nauseating gases and odors in large quantities, which invade neighboring property and make people sick. Acme disregarded Adele and Roy's pleas to abate emitting the noxious odors. What can Adele and Roy do? A. Adele and Roy can bring an action for private nuisance for damages and to enjoin Acme from emitting the odors. B. Adele and Roy cannot sue for public nuisance because private parties can never sue for abatement of public nuisance. C. Adele and Roy do not have a cause of action. D. Adele and Roy can sue for public nuisance as Acme is committing an illegal act.

Q: The Title III of the ADA of 1990: A. classifies only nonbusiness enterprises as places of public accommodation. B. requires places of public accommodation, private clubs, and religious organizations to comply with the statute. C. classifies numerous businesses and nonbusiness enterprises as places of public accommodation. D. requires only service-oriented businesses and private clubs to comply with the statute.

Q: Under an open listing contract: A. the broker receives a nonexclusive right to sell the property. B. the broker receives a commission even if a third party finds a buyer. C. the broker has the exclusive right to sell the property for a specified period of time, but is not entitled to a commission. D. the broker has exclusive right to sell the property and is entitled to a commission.

Q: Which of the following statements is true of the transfer of a property by sale? A. Engaging a real estate broker is a legal requirement for the sale of real property. B. Exclusive right to sell contracts entitles the broker for a commission only if he procures the buyer. C. Agreement between the seller and the buyer to purchase real property need not necessarily be in writing to be enforceable under the statute of frauds. D. Real estate sales contracts must be evidenced by a suitable writing signed by the party to be charged in order to be enforceable.

Q: The Real Estate Settlement Procedures Act: A. requires that buyers receive advance disclosure of the settlement costs that will be incurred. B. is designed to prevent discrimination in the housing market. C. permits payments for referral of business to title companies. D. requires that the title insurance be purchased from the company specified by the seller.

Q: A quitclaim deed: A. guarantees that the grantor has good title to the real property. B. affords the grantee the right to sue the grantor for defective title. C. is used to cure technical defect in the chain of title to property. D. warrants against all liens and easements.

Q: A warranty deed: A. conveys title and guarantees to make good any defects in the title. B. can only be a deed of specific warranty. C. is used to cure technical defect in the chain of title to property. D. conveys to the grantee whatever title the grantor has at the time the deed is executed.

Q: A special warranty deed: A. cures the defect in the chain of title to property. B. means that the grantor offers a unique warranty against all defects in the title and all encumbrances. C. implies that the grantor warrants against all liens and easements. D. means that the grantor warrants against only those defects in the title that arose after he/she acquired the property.

Q: For a gift of ownership of real property to be valid, the donor must: A. deliver a properly executed deed to the property to the donee. B. ensure that the donee or third party takes possession of the property. C. simply attempt to make the gift without delivering the deed. D. will it to a third party.

Q: Farmer Fred died in 1933 and in his will named his three sons, Ted, Ned, and Ed, owners of his farm as tenants in common. Ted and Ned were city slickers, but Ed lived on the farm and worked it from 1933 until the present. Ted and Ned gave Ed permission to live on the farm and keep the profits. Ed paid all property taxes and repair bills. Ted and Ned decided in 1990 that they wanted to retire and live on the farm. Can Ed claim sole ownership of the farm by adverse possession? A. No, because Ed's possession was not open and notorious. B. No, because Ed's possession was not hostile. C. Yes, because Ed paid the property taxes on the farm. D. Yes, because Ed was willed as joint owner.

Q: Which of the following statements about an exclusive agency listing is true? A. The broker has the exclusive right to sell the property and entitles him/her to a commission no matter who procured the buyer. B. The broker operating under this listing is entitled to a commission only if he/she was the first to find an able buyer. C. The seller has the right to sell the property himself/herself without being obligated to pay the broker a commission. D. The seller must pay the broker his/her commission even if it was the seller who found the buyer during the duration of the listing contract.

Q: Under condominium ownership, a purchaser takes title to his/her individual unit and becomes a _____ with other unit owners in shared facilities. A. joint tenant B. tenant in common C. tenant by the entirety D. tenant in partnership

Q: In terms of interests in real property, this is not an interest in land but a temporary right to use another's land for a limited and specific purpose. A. A private restriction B. A fee simple C. A leasehold D. A license

Q: George owns three adjacent town houses in an upscale neighborhood. He sells one to Ted but gets Ted to promise to never sell the property to a woman or a poor person. This restriction is built into the deed George gives to Ted, along with a statement that the property is to revert to George if this promise is broken. Is this restriction enforceable? A. Yes, because the restrictions are reasonable. B. Yes, because these private restrictions do not prevent the sale of the property to anyone else. C. No, because the restrictions are against public policy. D. No, because private restrictions can only apply to the size and cost of the house.

Q: Dru and James are married and own real property under a tenancy by the entirety. This means that: A. upon the death of either, the property passes automatically to the surviving spouse. B. they are tenants in common with the added requirement of marriage. C. either spouse can transfer property by will if the other is still living. D. the tenancy cannot be severed even in case of a divorce.

Q: Which of the following is an example of a community property? A. Property acquired during the marriage through a spouse's industry or efforts. B. Property a spouse owned before marriage. C. Property acquired by a spouse during marriage as a gift or by inheritance. D. Property exchanged for separate property.

Q: A person may have the right to use the land of another person but not to actually occupy it on a long-term basis. This is known as a(n): A. fee simple. B. license. C. lease. D. easement.

Q: An easement granted through an express agreement: A. is not covered by the statute of frauds. B. is required to be in writing to be enforceable. C. is enforced no differently than an implied easement. D. is not executed with the same formality as a grant of a fee simple interest in real property.

Q: Which of the following is an affirmative easement? A. The right to drill for oil and gas on the land of another person. B. The tenant's right to use the property during his lifetime. C. Obtaining oral permission to hunt on another person's land. D. The right to have your neighbor refrain from erecting a building on his property.

Q: Max has the right to have his neighbor refrain from erecting a building on his property that would cut off light and air from his building. This is an example of a(n): A. necessity. B. negative easement. C. adverse possession. D. affirmative easement.

Q: Kent University does not have enough parking spaces to accommodate all of its students, staff and faculty. Jeff owns a sizable plot of land just north of the campus and has given many students oral permission to park on his land. Has Jeff created an easement? A. Yes, Jeff has created an easement by necessity. B. Yes, Jeff has created a negative easement. C. No, Jeff has created a license. D. No, Jeff has created a tenancy at will.

Q: Fixtures are items of personal property which may be treated as a part of real property because of: A. their use to the landlord. B. their attachment to that real property. C. the landlord's security interest in them. D. the commercial use of the fixture to that property.

Q: Which of the following statements is true of fixtures? A. When an item is of little value except for use with certain real property, it is likely to be considered a fixture even if it is unattached. B. One who provides fixtures to real property without a request to that effect from the owner is entitled to compensation from the owner. C. Personal property that may be removed with little injury to the property is likely to be considered a fixture. D. Actual physical attachment to real property is necessary for an item to be considered a fixture.

Q: When a tenant attaches personal property to leased premises for the purpose of carrying on his/her business, it is called a(n): A. domestic fixture. B. agricultural fixture. C. trade fixture. D. ornamental fixture.

Q: Which of the following statements is true of a life estate? A. It is the right to have someone who owns an adjoining piece of property refrain from making certain uses of his or her land. B. A person owning a life estate cannot be held liable if he commits acts that will result in permanent injury to the property. C. It gives a person the right to use property for an indefinite period. D. It gives a person the right to use property only for his own lifetime or for a time that is measured by the lifetime of somebody else.

Q: The basic land ownership interest in the United States is: A. fee simple. B. life estate. C. affirmative easement. D. leasehold.

Q: The United States Constitution establishes the right to "just compensation" for private property taken for public use.

Q: To amount to a nuisance, one's use of property must unreasonably interfere with another person's ability to use or enjoy his/her own property.

Q: For a public nuisance to occur, the nature of the harm must involve the loss of enjoyment of property.

Q: In recent years, the law has recognized that owners of real property are not required to take steps to further the safety of persons on their property.

Q: An oral license for the temporary use of another's land is enforceable.

Q: Periodic tenancies are leaseholds.

Q: Under condominium ownership, a purchaser takes title to his/her individual unit and becomes a tenant in common with other unit owners in shared facilities.

Q: The lien created by unpaid taxes assessed on real property is secondary to all other claims of other persons to the land.

Q: An oral contract for the sale of real estate is generally enforceable under the statute of frauds.

Q: Many courts have now extended the implied warranty of habitability made by builder-vendors to include subsequent purchasers.

Q: While staying at Fancy Hotel, Marie asked her son to take her two diamond rings to the hotel clerk for safekeeping. The rings were shown to the clerk and then placed in a "safe-deposit envelope" which was sealed. The son received a depositor's check stub, which had a number corresponding to the number on the envelope. The envelope was kept in a safe, located in the hotel's front desk, which was used to keep the hotel's cash as well as the valuables of guests. Though equipped with a combination lock, the safe was usually kept unlocked as there would always be a clerk on duty at the reception desk. The following night, the hotel was robbed by two armed men and Marie's rings were taken. She sued the hotel for the value of the rings. The hotel claimed that the robbery was an "act of a public enemy" that relieved the hotel of liability. If the safe-deposit envelope is analyzed in the way that safety deposit boxes are, was the hotelkeeper liable for the theft of property left with it for safekeeping?

Q: A conveyance of real property also transfers the fixtures associated with that property, even if the fixtures are not specifically mentioned.

Q: The tenants have no right to remove trade fixtures even at the end of the lease period.

Q: A life estate grants a person the right to use property for an indefinite period.

Q: A lease for which no time period is specified is known as a tenancy at will.

Q: A negative easement is the legal right to make use of the land of another person.

Q: What are the basic duties of a bailee? Explain the critical elements that determine the degree of care that a bailee is required to exercise.

Q: Phoebe rented a safe deposit box in a bank to keep her valuables. In this case: A. Phoebe is the bailee. B. the bank is the bailor. C. the bank is not an insurer of the contents of the box. D. the bank is liable only for the box and not the content.

Q: Tex accidentally left his digital camera at the bus stop on Friday afternoon. Later that night, Bill finds the camera and takes it home with the intent of turning it in to the bus company the next day. Before Bill can turn it in, Dale steals the camera from Bill's house. Discuss the ownership rights, if any, of Tex, Bill, and Dale.

Q: What are the differences between a gift inter vivos and a gift causa mortis?

Q: Define a bailment and discuss its essential terms.

Q: Sally rented a motorized chain saw from E-Z Rental Company. While Sally was using the saw as specified by the directions, the saw "grabbed" and caused a piece of wood to fly into her eye, seriously injuring her. A subsequent investigation showed that the saw grabbed because of a defect in the chain mechanism. Under these circumstances: A. E-Z is liable for Sally's injuries only if there is a violation of an express warranty regarding the quality of the saw. B. E-Z is liable for Sally's injuries if it knew of the defect in the saw when it rented it to Sally, but failed to warn her of the defect. C. E-Z is not liable for Sally's injuries if the UCC's implied warranty of merchantability principles were applied by the court. D. E-Z is not liable for Sally's injuries since the bailment was for the sole benefit of the bailee.

Q: Common carriers: A. are never allowed to limit their liability. B. are usually allowed to limit their liability to a stated value. C. can always limit liability for an infinite value. D. are held to a lower level of responsibility than private carriers.

Q: A common carrier is liable for loss of or damage to property if: A. the damage was caused by the goods themselves. B. the damage was caused by an act or order of the government. C. the goods were damaged because of the shipper's negligence. D. the goods entrusted to it are stolen by some unknown person.

Q: An involuntary bailee: A. has the right to destroy the property in any circumstance. B. has the right to use the property in any circumstance. C. is obliged to find the owner and return the property under any circumstance. D. is obliged to assume control of the property in certain circumstances.

Q: When John, a dealer in antique furniture, stores his goods in a commercial warehouse, it is a: A. bailment for the sole benefit of John. B. bailment for the sole benefit of the storage company. C. bailment for the mutual benefit of John and the storage company. D. bailment for mutual benefit of the government and storage company.

Q: Nellie owned a Great Dane that she entered in dog shows on a regular basis. When she went on vacation, she asked her neighbor, Wilson, to take care of the dog. Wilson agreed to do so without asking to be paid for his services. Before leaving, Nellie gave Wilson instructions about how to care for the dog, but Wilson did not follow her instructions or restrain the dog. While Nellie was on vacation, a car hit the dog when it ran into the street. Which of the following statements is true? A. A bailment does not exist because Nellie did not pay Wilson anything to take care of the dog. B. A bailment was created, but since it was a bailment for the sole benefit of the bailor, Wilson had no duty to care for the dog. C. A bailment for the sole benefit of the bailor was created, which holds Wilson responsible for gross negligence. D. A bailment for the sole benefit of the bailee was created, meaning that Wilson will be held strictly liable to Nellie, for the dog's injuries.

Q: Identify the statement that is true of a bailee's duty of care. A. The bailee is liable to the bailor even if the property is lost or damaged without the fault or negligence of the bailee. B. If the bailment is solely for the benefit of the bailor then, the bailee may be held to a higher degree of care. C. If the bailment is for the sole benefit of the bailee then, the bailee may be held to a lower degree of care. D. The bailee must use the same kind of care a reasonable person would use to protect his own property in a mutual benefit bailment.

Q: If a bailee misdelivers the bailed property at the termination of the bailment: A. the bailee is liable to the bailor. B. the bailor assumed the risk and is liable. C. neither the bailee nor the bailor is liable. D. both the bailee and the bailor are equally liable.

Q: I.M. Handy was the sole proprietor of Handy's Upholstery Service. Green brought some items of furniture to Handy's place of business and left them there for the purpose of having them reupholstered. Handy and Green did not have any specific discussion concerning what Handy would charge for his services. Under these circumstances: A. a bailment for the sole benefit of the bailor was created even though the parties did not specifically discuss compensation. B. a bailment for mutual benefit was created which entitles Handy to compensation from Green for the reasonable value of his services. C. a bailment was not created and hence, Handy is not liable to any payment. D. a bailment was created only for the storage of property for which Handy is entitled only to storage services.

Q: Mary parked her car in a municipal parking lot. She locked her car, and kept her keys. When she returned, she discovered that someone had deliberately scratched "I love Reggie" into her car door, causing $150 in damage. Mary wants to sue the city for failing to protect her car from vandals. In this situation: A. a bailment was not created and, therefore, the city was under no duty to protect Mary's automobile from vandals. B. a bailment for the benefit of the bailor was created and, therefore, the city owed Mary only the duty to exercise minimal care in protecting the automobile. C. a bailment for the benefit of the bailee was created and, therefore, the city owed Mary a duty to exercise more than ordinary care in protecting her automobile. D. a bailment for mutual benefit was created and both parties owe a duty of reasonable care in protecting the automobile from the acts of third parties.

Q: Oscar drove his 1963 Rambler automobile to the Park & Run, Inc. parking garage. Oscar delivered the keys to the attendant and left the premises. The attendant parked the car. Oscar did not tell the attendant that there was an antique painting valued at $5,000 in the trunk of the car. A thief entered the parking garage, pried open the trunk of Oscar's car, and stole the painting. In this regard, identify the correct statement. A. Park & Run is a bailee only to the automobile, but not to the painting. B. Park & Run is a bailee as to both the automobile and the painting. C. A bailment for the painting will be created automatically when Park & Run accepted delivery and possession of the car. D. A bailment for the car and the painting will be created only if Park & Run makes an express warranty.

Q: When Martha of Martha's Homemade Pies gives a freshly baked apple-cinnamon double-crust pie to her sales clerk to put in the window case for display, the clerk: A. has possession of the pie. B. has custody of the pie. C. is a bailee to Martha. D. has ownership of the pie.

Q: Which of these actions are applicable under the Uniform Gifts to Minors Act? A. Adults are prohibited from making gifts of unregistered securities to minors. B. Adults can make a gift of money to minors by depositing the money with a bank in an account in the donor's name. C. Gifts of registered securities can be made by merely delivering the securities to a bank trustee. D. Gifts of unregistered securities can be made by registering the securities in the name of another adult.

Q: Which of the following statements is true about accession? A. Accession is the intermixing of goods belonging to different owners in such a way that the goods cannot later be separated. B. Even if work is done on personal property without the consent of the owner, he has to reimburse for the improvements. C. Usually the person who improved the property in good faith is entitled to recover the cost of the improvement made to it. D. Under accession, the owner of the original property generally doesn't become the owner of the improvements.

Q: The statute that allows finders of property to clear their title to the property after taking steps to see whether the true owner can be located is: A. the estray statute. B. the statute of limitations. C. the statute of repose. D. the nonclaim statute.

Q: If Susan found Tom's backpack in Biblio Bookstore: A. Susan would have the right to hold the mislaid property for Tom. B. the bookstore would have the right to hold the mislaid property for Tom. C. Susan would acquire possession and ownership of the backpack. D. the bookstore would acquire possession and ownership of the backpack.

Q: The statute that requires the true owner of property to claim it or bring a legal action to recover possession of it within a certain number of years after it has been mislaid is the ____. A. estray statute B. real property statute C. ownership statute D. statute of limitations

Q: Uncle Fred is about to undergo a major operation. Fred gives his watch to his nephew, Harry, and tells Harry he wants him to have it if he does not survive the operation. Uncle Fred's gift to Harry is a: A. gift inter vivos. B. general gift. C. residuary gift. D. gift causa mortis.

Q: James and Maria dated for two years. On the event of their second anniversary, James gave Maria a $20,000 diamond engagement ring. Two months later, James called off the engagement without giving Maria any valid reason. Under the traditional rule: A. James may not recover the ring as it was a gift made in contemplation of marriage. B. Maria must return the ring as the engagement is broken by mutual consent. C. the ring must be sold and the proceeds divided between James and Maria. D. Maria may retain the ring only if she pays its fair value to James.

Q: Which of the following statements is true with regard to the possession of a wild animal? A. The first person to take possession of a wild animal acquires its ownership rights. B. Personal ownership rights are never given to individuals for wild animals. C. Wild animals caught in traps are usually considered to be the property of the first person who finds the animal. D. To take possession of a wild animal found in a forest, a person must have the ownership rights of the property in which the animal was found.

Q: Jose gave Joon the permission to hunt on his land. While hunting, Joon discovered a Civil War-era sword half buried in the dirt. Under these circumstances: A. Joon is the owner of the sword. B. Jose is the owner of the sword. C. Jose and Joon share joint ownership of the sword. D. the government is the owner of the sword.

Q: When the finder of a lost property knows who the owner is and refuses to return it to him/her: A. the finder is liable to revest the title of the property back to the owner. B. the finder will not be found guilty of conversion. C. the finder will be found guilty of accession. D. the finder is liable to pay the owner the fair value of the property.

Q: George rented a car from RentaCar Co. When he returned the car to RentaCar Co., he forgot to retrieve his wallet from the glove compartment. What is the status of the wallet? A. Lost B. Mislaid C. Abandoned D. Unowned

Q: If property is mislaid by its owner: A. the finder of the property has the right to hold the property for the rightful owner. B. the finder can be held guilty of conversion and must pay the owner the fair value of the property. C. the finder acquires no rights to the property. D. the first person who thereafter takes possession of it with the intent of claiming ownership becomes its owner.

Q: Dave purchased a plot of land that was owned by Ron. After he purchased the property, Dave discovered that the land contained valuable mineral deposits and quarried them. Ron, who did not know that the land contained valuable minerals at the time of sale, sues Dave to recover the value of the mineral deposits. Under these circumstances: A. Dave is the owner of the deposits because they became his personal property upon quarry. B. Dave is the owner of the deposits because the mineral deposits became part of the land under the doctrine of fixture. C. Ron can recover the fair market value of the mineral deposits because he did not intend to make a gift of personal property under these circumstances. D. Ron can rescind the sale because Dave is liable for conversion under these circumstances.

Q: Which of the following statements about tangible property is true? A. It has no physical existence. B. It is subject to tax in the state in which it is located. C. It is only owned by the government or a government unit. D. It is only taxable in the state where its owner lives.

Q: An example of intangible property would be ____. A. an MP3 Player B. a tree cut down C. a patent D. land

Q: Marcie works for a large software company as a security analyst. In her free time away from work, she likes to develop computer games. Who is likely to be considered the owner of the games that Marcie has developed? A. The software company B. Marcie C. Marcie and the software company jointly own the games Marcie develops D. The person who uses the game first

Q: If a person permits a neighbor to borrow a wheelbarrow free of charge, a bailment for the benefit of the bailee has been created.

Q: If a bailment is solely for the benefit of the bailor, then the bailee may be held to a somewhat higher degree of care.

Q: A bailor, in a bailment for mutual benefit, can be held liable for injuries sustained by the bailee if the rented property is not fit for the purpose for which it was rented and causes injury.

Q: An involuntary bailee does not have the right to use property that was found by chance.

Q: In the United States, private ownership of property is protected by the: A. Fifth Amendment to the Constitution. B. Ninth Amendment to the Constitution. C. Tenth Amendment to the Constitution. D. Fourteenth Amendment to the Constitution.