Real property is immovable or attached to immovable land or buildings, whereas personal property is movable.

TRUE

Fixtures are the most common form of real property.

Plant life that is severed from the land is considered real property.

A person's ownership right in real property is called intellectual property.

FALSE

The type of estate that an owner possesses is determined from the deed, will, lease, or other document that transferred the ownership rights to him or her.

A freehold estate is an estate in which the owner has a future possessory interest in the real property.

If a person owns real property in fee simple, his or her ownership has no limitation on inheritability.

The most distinguishing feature of a joint tenancy is the co-owners' right of survivorship.

Tenancy by the entirety is indistinguishable from joint tenancy in that neither spouse may sell or transfer his or her interest in the property without the other spouse's consent.

A joint tenancy requires that the property owners be related.

Gifts received during a marriage are not considered part of community property.

If a married couple who lives in a non-community property state purchases real property located in a community property state, community property laws apply to that property.

Reversionary interests must be expressly stated.

If the right of possession returns to a third party upon the expiration of a limited or contingent estate, it is called a reversion.

The person who is entitled to the future interest in a reversion is called a remainder beneficiary.

A deed is an instrument used to transfer ownership of real property, but does not prove that the holder currently owns the property.

In most states, a valid real estate sales contract may be in writing, or it may be based on oral statements at the option of the buyer and the seller.

One does not become the owner of property until the deed is recorded.

An "easement in gross" occurs where the servient and dominant estates are adjacent.

An owner of land-locked property may never obtain an easement by necessity over adjoining land in order to reach a public road, because the owner should have been aware of the problem when the land was purchased.

In real property law, one characteristic of a license is that it can be revoked at any time by the grantor of the license.

An "easement by grant" automatically occurs when land-locked property is sold.

A lease for a fixed term of three months is a "tenancy for years."

The New Horizons apartment complex has just hired a new maintenance man who has a history of violent crimes and theft. New Horizons did not conduct a background check on him, because the apartment complex was desperate to find someone quickly. If this maintenance man were to assault a tenant without justifiable cause, New Horizons is not liable, because it does not owe a duty of care to tenants regarding the intentional acts of its employees.

If a "month-to-month" periodic tenancy exists, under common law either party must give a one-month notice to terminate the tenancy.

A "tenancy at will" may not be created by implication.

Joe and Mary are renting an apartment, and have six children. After three years they move, and the landlord discovers that the rugs are worn out and that there are random scuff marks on many walls, although there are no holes in the walls. The landlord can replace the rugs and have the apartment painted and then force Joe and Mary to pay for the repairs, due to a violation of their duty not to commit waste.

If a tenant stops paying rent, the landlord may claim a constructive eviction and have the tenant removed from the premises.

A landlord may sell leased property to a new owner, but the new owner takes the property subject to the existing lease.

The "covenant of quiet enjoyment" places responsibility on a landlord for disturbances to the tenant resulting from actions in the vicinity of the leased premises.

An owner who wishes to use property differently from that permitted under a zoning ordinance generally has no avenue by which to seek review.

Once a zoning ordinance is properly passed, it cannot be challenged or overturned.

The provisions of the Fair Housing Act do not apply to the rental of apartments in a building of four or fewer units, when the owner lives in one of the units.

Which of the following standards is generally used in determining whether personal property has become a fixture?

A) whether the personal property has been attached to the real property

B) whether the personal property is used in the same manner as the real property

C) whether the personal property can be removed without damaging the real property

D) whether the item was attached before or after the party acquired the real property

E) whether the personal property adds to the value of the real property

C) whether the personal property can be removed without damaging the real property

A freehold estate is an estate in which the owner has a ________ interest in the real property.

A) conditional

B) qualified

C) fractional

D) present possessory

E) future possessory

D) present possessory

Which form of real property ownership includes the greatest degree of ownership?

A) fee simple limitless

B) fee simple defeasible

C) fee simple absolute

D) absolute life estate

E) rest and remainder

C) fee simple absolute

A fee simple defeasible is also known as a(n) ________ fee.

A) unconditional

B) quantum

C) fractional

D) qualified

E) usury

D) qualified

A grantor transfers real property to the city for "as long as the property is used as a park." What kind of interest does the city have?

A) fee simple absolute

B) fee simple defeasible

C) life estate

D) reversion

E) remainder

B) fee simple defeasible

A life estate for the life of another is a life estate:

A) appurtenant.

B) by the entirety.

C) with a license.

D) pour autre vie.

E) a-prendre.

D) pour autre vie.

Ownership of real property in fee simple defeasible means that:

A) the ownership is for only a limited period of time.

B) the ownership is absolute, except that ownership may be lost upon the occurrence or non-occurrence of some specified event.

C) the property remains titled to the grantor.

D) some type of joint ownership exists.

E) the property was acquired through a donation.

B) the ownership is absolute, except that ownership may be lost upon the occurrence or non-occurrence of some specified event.

Which of the following can the holder of a life estate not do with her life estate?

A) sell it

B) give it away

C) leave it to someone in her will

D) mortgage it

E) lease it to another

C) leave it to someone in her will

Which types of property interests can be sold?

A) fee simple absolute

B) fee simple absolute and fee simple defeasible

C) fee simple defeasible and life estate

D) fee simple absolute and life estate

E) fee simple absolute, fee simple defeasible, and life estate

E) fee simple absolute, fee simple defeasible, and life estate

Which of the following provides that all assets acquired during a marriage, other than gifts and inheritances, belong equally to the two spouses?

A) community property laws

B) joint tenancy

C) tenancy by the entirety

D) marital partnership laws

E) spousal equality laws

A) community property laws

What was the result in Cunningham v. Hastings, where two unmarried people purchased a home as joint tenants, one party made the down payment, and there was a dispute regarding whether that party was entitled to a larger portion of the proceeds when the house was sold, in order to compensate for the down payment?

A) Because the parties were unmarried, the party who made the down payment received a larger portion of the proceeds from the sale, to account for the down payment.

B) Regardless of whether the parties were married, the party who made the down payment received a larger portion of the proceeds from the sale, to account for the down payment.

C) Because the parties were unmarried they could not own the property as joint tenants, and under principles of equity, the party who made the down payment received a larger portion of the proceeds from the sale to account for the down payment.

D) Because the parties were unmarried, they owned the property as tenants by the entirety, and the party who made the down payment was denied a larger share of the sale proceeds to account for the down payment.

E) Because the parties owned the property as joint tenants, the party who made the down payment was denied a larger share of the sale proceeds, to account for the down payment.

E) Because the parties owned the property as joint tenants, the party who made the down payment was denied a larger share of the sale proceeds, to account for the down payment.

Co-ownership of a multiple-dwelling building where a corporation owns the building and the residents own shares in the corporation is called:

A) a condominium.

B) a cooperatives.

C) a tenancy by corporation.

D) either a condominium or a cooperative.

E) a multiple tenancy

A) a condominium.

Which of the following requires that the owners be married?

A) a tenancy in common

B) a joint tenancy

C) a life estate pour autre vie

D) a tenancy by the entirety

E) a profit-a-prendre

D) a tenancy by the entirety

What is the distinguishing feature of joint tenancy?

A) the right of survivorship

B) the right to pass the interest by will

C) the right to have co-owners in the property

D) that only married couples can own property this way

E) that the interests of both parties terminate upon the death of one of the parties

A) the right of survivorship

Which of the following is true regarding co-ownership of real property?

A) Joint tenancy and tenancy in common are two terms to describe the same legal arrangement.

B) To create a joint tenancy, words that clearly show a person's intent to create a joint tenancy must be used.

C) Two owners who are married to each other cannot own the property as tenants in common.

D) Tenancy by the entirety is often viewed as a special type of tenancy in common for married persons.

E) When one joint tenant sells her interest to another party, the new party will also be a joint tenant.

B) To create a joint tenancy, words that clearly show a person's intent to create a joint tenancy must be used.

Which of the following is true about the situation where a party conveys a life estate, but does not convey any other interest?

A) Upon the death of the holder of the life estate, the property will go to the heirs of the holder of the life estate.

B) The grantor has created a remainder, even though the identity of the holder of the remainder is not yet known.

C) The grantor holds a fee simple defeasible.

D) Upon the death of the holder of the life estate, the property reverts to the grantor, the grantor's estate, or other designated person.

E) The conveyance is invalid because it is incomplete.

D) Upon the death of the holder of the life estate, the property reverts to the grantor, the grantor's estate, or other designated person.

Which of the following is false regarding a "reversion" and a "remainder?"

A) A reversion is a right of possession that returns to the grantor after expiration of a limited or contingent estate.

B) A reversion arises automatically by law.

C) If a right of possession returns to a third party upon the expiration of a limited or contingent estate, it is called a remainder.

D) Both a reversion and a remainder are a form of future interest.

E) A reversion may apply to real property, while a remainder may not.

E) A reversion may apply to real property, while a remainder may not.

A transfer of real property is also known as a:

A) commitment.

B) quitclaim.

C) conveyance.

D) recording.

E) closing record.

C) conveyance.

A deed is used to:

A) provide proof of the current ownership of real property.

B) prove that real estate is worth the price that was paid.

C) prove that the property taxes have been paid on a piece of real property.

D) convey real property by sale or gift.

E) insure real property.

D) convey real property by sale or gift.

A party who is concerned about his or her ownership rights in a parcel of real property can bring:

A) a real title action.

B) a warranty title action.

C) a quiet title action.

D) a notice title action.

E) a fee simple title action.

C) a quiet title action.

Which of the following is not a requirement in order to obtain property by adverse possession?

A) Possession must be open, visible and notorious.

B) Possession must be with the original owner's actual knowledge that the possessor intends to eventually acquire the property through adverse possession.

C) Possession must be actual and exclusive.

D) Possession must be continuous and peaceful.

E) Possession must be hostile and adverse.

B) Possession must be with the original owner's actual knowledge that the possessor intends to eventually acquire the property through adverse possession.

The land over which an easement is granted is called the ________ estate.

A) subliminal

B) subsequent

C) subservient

D) servient

E) servant

D) servient

The land that benefits from an easement is called the ________ estate.

A) dormant

B) dominant

C) deeded

D) divergent

E) deluged

B) dominant

Which of the following is not a characteristic of an "easement appurtenant?"

A) An easement appurtenant is created when the owner of one piece of land is given an easement over an adjacent piece of land.

B) The land over which the easement is granted is called the servient estate.

C) An easement appurtenant authorizes a person who does not own adjacent land the right to use another person's land.

D) The land that benefits from the easement is called the dominant estate.

E) An easement appurtenant runs with the land.

C) An easement appurtenant authorizes a person who does not own adjacent land the right to use another person's land.

An easement created when an owner sells land that he or she owns, but reserves an easement on the land, is called (a)n:

A) easement by reservation.

B) easement by grant.

C) easement by prescription.

D) easement by necessity.

E) easement by implication

A) easement by reservation.

A relatively short-term grant of permission to be on the land of another that can be revoked freely at any time is a(n):

A) easement.

B) defeasance.

C) license.

D) abstract.

E) profit.

C) license.

The right to go on someone else's property and remove something is called:

A) a license.

B) an easement by grant.

C) a profit.

D) an easement appurtenant.

E) eminent domain.

C) a profit.

In real estate law, the distinguishing feature of a profit is that it represents the right:

A) to lease the property and keep the rent proceeds.

B) to remove something from the property of another.

C) to use the land of another.

D) of an owner to exclude others from the land.

E) to profit from renting the land to others.

B) to remove something from the property of another.

An easement by prescription:

A) creates ownership of the land in question.

B) creates a permanent right of use in the land in question.

C) creates a temporary right of use in the land in question.

D) occurs when landlocked property is purchased.

E) creates a freehold estate.

B) creates a permanent right of use in the land in question.

In a lease, the tenant receives a(n) ________ estate in the real property.

A) freehold

B) fee simple

C) conditional

D) unconditional

E) nonfreehold

E) nonfreehold

A lease stating that rent is to be paid on the first of each month beginning on August 1, 2011, but not indicating when the lease ends, would be a:

A) tenancy for years.

B) periodic tenancy.

C) tenancy at will.

D) tenancy at sufferance.

E) temporary lease.

B) periodic tenancy.

A lease that runs from January 1, 2011 until August 31, 2011 and does not automatically renew would be a:

A) tenancy for years.

B) periodic tenancy.

C) tenancy at will.

D) tenancy in sufferance.

E) tenancy per autre vie.

A) tenancy for years.

How is a periodic tenancy terminated?

A) automatically, at the end of the lease term

B) through appropriate notice by the landlord at the end of any payment interval

C) through appropriate notice by the tenant at the end of any payment interval

D) through appropriate notice by either party at the end of any payment interval

E) by either party, with notice not being necessary

D) through appropriate notice by either party at the end of any payment interval

Which of the following is not one of the four types of tenancies?

A) periodic tenancy

B) tenancy for years

C) tenancy at will

D) tenancy under lease

E) tenancy at sufferance

D) tenancy under lease

Under which type(s) of tenancy is the tenant a trespasser?

A) tenancy at will

B) tenancy at sufferance

C) tenancy at will and periodic tenancy

D) tenancy at will and tenancy at sufferance

E) tenancy at will, tenancy at sufferance, and periodic tenancy

B) tenancy at sufferance

The landlord's duty to allow the tenant to peacefully possess the premises is known as the:

A) duty against interference.

B) non-interruption doctrine.

C) tenant controls the household doctrine.

D) covenant of quiet enjoyment.

E) freehold interest.

D) covenant of quiet enjoyment.

The courts of many states recognize that leased, residential premises must be fit, safe and suitable for ordinary residential use. This rule is called the:

A) warranty of quiet enjoyment.

B) warranty of suitability.

C) warranty of habitability.

D) warranty to maintain the premises.

E) warranty against private nuisance.

C) warranty of habitability.

Which of the following is not generally a duty owed by the tenant to a landlord?

A) duty to pay rent

B) duty to not commit waste

C) duty to inform the landlord of any condition affecting the value of the leased premises

D) duty to not use the premises for illegal purposes

E) duty to not disturb other tenants

C) duty to inform the landlord of any condition affecting the value of the leased premises

Which of the following is not a type of commercial lease?

A) gross lease

B) double gross lease

C) net lease

D) double net lease

E) triple net lease

A) gross lease

If a tenant transfers only some of his rights under a lease to another party, it is called a(n):

A) assignment.

B) sublease.

C) restrictive covenant.

D) lease renewal.

E) illegal action.

B) sublease.

If a tenant transfers all of his rights under a lease to another party, it is called a(n):

A) assignment.

B) sublease.

C) restrictive covenant.

D) lease renewal.

E) illegal action.

A) assignment.

Which of the following is false regarding zoning laws?

A) They are used to establish use districts such as designating areas residential.

B) They are used to restrict the height and size of buildings on a building site.

C) Once established, no deviations from the zoning code are permitted.

D) They are usually formulated by a zoning commission.

E) Zoning laws act prospectively.

C) Once established, no deviations from the zoning code are permitted.

Which of the following is true regarding the Americans with Disabilities Act requirements for landlords?

A) New construction must be made accessible to persons with disabilities.

B) New construction must obtain a certificate of accessibility from the Equal Employment Opportunity Commission.

C) Only the United States attorney general can enforce the Act against a landlord, since the Americans with Disabilities Act is federal law.

D) All existing buildings must be brought into full ADA compliance by 2020.

E) In order not to discourage renovations of older buildings, alterations to existing buildings do not need to comply with the Act.

A) New construction must be made accessible to persons with disabilities.

Tom has entered into a contract to purchase a home from Fred. As the closing date approaches, Tom and Fred get into a dispute over whether or not the home theater system that Fred had installed two years earlier is included in the sale. The contract that Tom and Fred signed did not mention the home theater system. Which of the following is true?

A) The home theater system is not included in the sale, because the contract did not mention the home theater system in any way.

B) The home theater system is included in the sale, because it is within the walls of the house.

C) Whether the home theater system is included in the sale depends on whether it can be removed without causing significant damage to the house.

D) The home theater system is included in the sale, but only if the property is in compliance with all applicable zoning regulations.

E) The home theater system is not included in the sale, because it was personal property when Fred purchased it from the electronics store.

C) Whether the home theater system is included in the sale depends on whether it can be removed without causing significant damage to the house.

Sean sells some real estate, conveying a deed "to Jimmy Johnson, so long as the property is used as a working cattle ranch, and if not so used, the land returns to the grantor." This land is held in:

A) fee simple absolute.

B) fee simple defeasible.

C) fee simple, subject to a remainder.

D) life estate.

E) fee simple per se.

B) fee simple defeasible.

Sarah has given twenty-four acres of land to Kent County for as long as the land is used as a park. Kent County has a:

A) life estate.

B) fee simple defeasible.

C) fee simple absolute.

D) tenancy at will.

E) tenancy at sufferance.

B) fee simple defeasible.

Bob owns a life estate in a ranch in Idaho. This means that:

A) he can live on the ranch as long as he lives, but if he moves off the ranch, he loses it.

B) he can live on the ranch as long as he lives, or he can sell this right to someone else.

C) Bob or his immediate family can live on the ranch, so long as at least one of them is still living.

D) Bob must live on the ranch for the rest of his life.

E) if Bob sells his life estate to Barbara, she will be able to live on the ranch for the remainder of her life.

B) he can live on the ranch as long as he lives, or he can sell this right to someone else.

Billy decides to purchase some property in equal ownership with a co-worker. They plan to build a vacation home on it. Billy wants to make sure that if he dies, his wife and kids will get his share of the property. Billy and his friend should own the property as:

A) joint tenants.

B) tenants in common.

C) tenants by the entirety.

D) tenants by the survivorship.

E) tenants for life and death.

B) tenants in common.

Jimmy and Kathy are married and own some vacant property as tenants by the entirety. Unfortunately, things are not going well in the marriage. Jimmy wants to sell his interest in the property for some extra cash. Which of the following is true?

A) Jimmy can sell his interest in the property, and the purchaser will be a tenant by the entirety with Kathy.

B) Jimmy can sell his interest in the property, and the purchaser will be a joint tenant with Kathy.

C) Jimmy can sell his interest in the property, and the purchaser will be a tenant in common with Kathy.

D) Jimmy cannot sell his interest in the property, unless taxes are overdue and the cash will be used to pay the taxes.

E) Jimmy cannot sell his interest in the property unless Kathy consents to the sale.

E) Jimmy cannot sell his interest in the property unless Kathy consents to the sale.

Fred has received a deed that says," to Fred for life, and upon Fred's death, to the original grantor." What type of interest does the grantor have?

A) a life estate pour autre vie

B) a right of survivorship

C) a reversion

D) a remainder

E) a tenancy at sufferance

C) a reversion

Jean's grandmother, "Moms," lives in an assisted-living facility, but she has not sold her home of many years. Jean is Moms' favorite granddaughter, especially since Jean visits Moms frequently, even though Jean lives several hundred miles away. As a favor to Moms when visiting her, Jean checks on Moms' vacant house. Jean decides to move to the town where Moms lived. Jean gets copies of the keys made, and moves into Moms' home without Moms' knowledge or permission. Jean treats the house as her own, even bringing her German Shepherd to live with her. The neighbors erroneously assume that Moms knows Jean is living there. Moms is very appreciative of what she thinks are Jean's long trips to visit her, not knowing that Jean is living in her house. Although Moms likes Jean very much, she absolutely would not want Jean living in her house. Jean lives in Moms' house for several years, and her goal is to acquire the house by adverse possession. In these circumstances:

A) Jean has earned the right to the home because of her care for Moms.

B) Jean cannot acquire the home through adverse possession from a relative.

C) Jean has acquired a life estate pour autre vie.

D) Jean can acquire the home by adverse possession if she continues to meet the adverse possession requirements for the required period of time.

E) the presence of Jean's vicious German Shepherd will prevent her from meeting the "peaceful" requirement of adverse possession.

D) Jean can acquire the home by adverse possession if she continues to meet the adverse possession requirements for the required period of time.

Gloria owns a piece of real property. She sells one-half of this property to Sam, but reserves the right to cross over Sam's land to get to her remaining land. Gloria has created a(n):

A) easement in gross.

B) easement appurtenant.

C) easement a prendre.

D) license.

E) license appurtenant.

B) easement appurtenant.

Jon has sold the rights to extract natural gas from beneath his property to the Reval Corporation. Reval has purchased (a)n:

A) easement.

B) license.

C) profit.

D) mortgage.

E) fee simple defeasible.

C) profit.

Walt has a two-year lease with Martha. At the end of the two years, Walt stays in the leased premises, and continues to make rent payments. Martha consents to this arrangement. Following the original two-year term, this arrangement is best described as a:

A) tenancy for years.

B) periodic tenancy.

C) tenancy at will.

D) tenancy at sufferance.

E) tenancy for months.

C) tenancy at will.

Josh is thirty years old and lives with his parents. They tell him that they want him to move out on June 1. June 1 comes, but Josh refuses to leave. The parents are upset, but they nevertheless allow him to stay. Which of the following is the most accurate statement concerning Josh's living arrangements with his parents?

A) Josh's periodic tenancy has become a tenancy at will.

B) Josh's tenancy at sufferance has become a tenancy at will.

C) Josh's tenancy at will has become a tenancy at sufferance.

D) Josh's tenancy at will remains a tenancy at will.

E) Josh's tenancy at sufferance remains a tenancy at sufferance.

D) Josh's tenancy at will remains a tenancy at will.

In many circumstances, other remedies are available for uninhabitable rental housing; thus the lack of an implied warranty of habitability would not make much difference. These other remedies include breach of the lease agreement (for example, where a landlord assumed a duty to repair) and violations of building and housing codes. Some argue that the parties should be able to lease any kind of premises they agree to, without government mandate of an implied warranty of habitability.

A variance will be granted if the landowner can prove that the existing zoning laws would cause an undue hardship by preventing the landowner from making a reasonable return on the land as it is zoned. Variances are difficult to obtain.

Bob entered into a contract for the purchase of a home, and the contract contained a clause that said, "This sale does not include any personal property or fixtures." Bob noticed the provision when he signed the contract to purchase the house, but he was not concerned about the provision, because he had heard that fixtures were always included in a sale of real estate. When Bob moved in, he was surprised to find that the refrigerator, a bathroom vanity, and the hardwood floor from the living room had been removed. In addition, two trees had been removed from the back yard. Discuss Bob's legal rights.

Fixtures are generally included in sales of real property, but can be excluded by contract. The seller had the right to take the refrigerator and possibly the bathroom vanity as well, based on the argument that they constitute personal property; however, the living room floor and the trees are part of the real estate itself, and they should not have been taken.

A tenant in common may pass his or her interest through a will. As a result, the grandmother's interest passes to Mary. Mary owns the land as a tenant in common with the other three tenants.

This arrangement began as a tenancy at will, which under common law principles can be terminated without any notice. John could argue to the court that the tenancy at will had converted to a month-to-month periodic tenancy, entitling him to one month's notice for termination of the lease. It is unclear how a court would rule. Even if the tenancy is "at will," John might be entitled to a refund of half the amount paid for October if the court finds an implied agreement for $500 as the amount of the rent. At whatever point the arrangement terminates, if John refuses to leave the premises, he will become a "tenant at sufferance" and will be subject to a wrongful detainer action.

The implied warranty of habitability applies in some, but not all, jurisdictions. Where applicable, it generally requires that the leased premises be fit, safe, and suitable for ordinary residential use. Here, the plumbing problems would be the only problem covered by the implied warranty of habitability. Whether Mary has a claim for any of the other problems would depend on the specific terms of the lease, and possibly the condition of the apartment when she inspected it before she signed the lease.

Jessica owns a piece of land on the outskirts of Happy City. The residence on the land was built by her great-great grandfather; since its construction, her great- grandmother, grandfather and mother were born in the house, as were Jessica and her daughter. Jessica is sixty-nine years old, retired and in good health. The mayor of Happy City has just visited her, informing her that the city needs her land for a highway project. Happy City has experienced enormous economic and population growth, and needs the highway to maintain its continued prosperity. Jessica is extremely unhappy, and refuses to sell. Is there anything that Jessica can do? What will the final outcome likely be?

The city is exercising its right of eminent domain. Jessica can try to stop the taking of her property, but she will have to show that either the city's plan is not truly for a public purpose, that it is not necessary, or that a reasonable alternative exists. Unfortunately for Jessica, a highway certainly serves the public. If in fact the city needs the highway for the benefit of its economic growth, it is demonstrated to be necessary. Her best hope is to prove that an alternative route is feasible. Her age will not be a consideration in the process, nor will her family history. If Jessica cannot prevent the city's exercise of eminent domain and the taking of her property, she is entitled to compensation for the fair market value of the property taken. The calculation of fair market value will not include sentimental value, nor will it include a premium to account for her advanced age.