Question 1

The purpose of recording a deed or other real estate transaction is to:
A)establish the rights between the grantor and the grantee.
B)assure the grantee that a transfer of real property is now complete.
C)establish the type of deed granted (i.e.warranty deed, special warranty deed, or quitclaim deed).
D)put the rest of the world on notice that the transaction occurred between the grantor and the grantee.

Accepted Answer

Recording a deed or other real estate transaction puts the rest of the world on notice that the transaction occurred between the grantor and the grantee. This is important because it ensures that any subsequent purchasers or lenders are aware of the existing interest in the property. It also protects the grantee's ownership interest in the property by establishing a public record of the transaction.

Question 2

Laverne knew that her house was infested with termites.Nevertheless,Laverne listed her house for sale by owner.Shirley had been looking for the perfect house for months now.She was about to give up the search when she decided to stop at Laverne's open house one Sunday afternoon.Shirley fell in love with the house,the yard,and the neighborhood.Shirley was so excited about buying this house that she did not bother to hire an attorney,hire a company to conduct a termite inspection,or talk to the neighbors about the condition of the house.Within six months after buying the house,the front porch started to crumble,exposing the rotten wood destroyed by termites.The neighbors confirmed that Laverne had mentioned that the house was infested with termites.Shirley wants out of the deal or money to repair the termite damage.Shirley's claim against Laverne would most likely be based on:
A)a duty to disclose defects.
B)the implied warranty of habitability.
C)eminent domain.
D)profit.

Accepted Answer

Laverne had a duty to disclose the termite infestation to potential buyers, and her failure to do so could result in a successful claim against her by Shirley. The fact that the neighbors confirmed that Laverne had mentioned the infestation further supports Shirley's claim. The other options (implied warranty of habitability, eminent domain, and profit) do not apply to this scenario.

Question 3

The modern trend with regard to landlord liability for tenant injuries is:
A)to hold landlords liable under the normal rule of negligence.
B)that a landlord must use reasonable care to maintain safe premises.
C)that a landlord is liable for foreseeable harm to the tenant.
D)All of the above are correct.

Accepted Answer

The modern trend with regard to landlord liability for tenant injuries is to hold landlords liable under the normal rule of negligence, which means that a landlord must use reasonable care to maintain safe premises and is liable for foreseeable harm to the tenant. Therefore, all of the above choices are correct.

Question 4

A bailee always has a right:
A)to possession of the bailed property.Anyone who interferes with this right is liable to the bailee.
B)to use the bailed property.
C)to compensation.
D)All of the answers are correct.

Accepted Answer

The answer of A bailee always has a right:
A)to possession...

Question 5

Terry,who owns an eight-unit apartment building,has had complaints about the noise coming from the frequent parties in Unit 6.Terry,without going through any court procedures,changes the locks on that apartment while the tenants are gone so they no longer have access to the unit.Meanwhile,the tenants in Unit 1 inform Terry that their bathroom and kitchen are unusable because some pipes have frozen.After no action by Terry,the tenants in Unit 1 move out of the apartment.In these cases,the tenants in:
A)Units 1 and 6 have been actually evicted.
B)Units 1 and 6 have been constructively evicted.
C)Unit 1 were constructively evicted, and the tenants in Unit 6 were actually evicted.
D)Unit 1 were actually evicted, and the tenants in Unit 6 were constructively evicted.
E)neither unit were evicted, actually or constructively, but are subject to a tenancy at sufferance.

Accepted Answer

The answer of Terry,who owns an eight-unit apartment building,has had...

Question 6

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a:
A)bailor benefit bailment.
B)bailee benefit bailment.
C)mutual benefit bailment.
D)leasehold arrangement.

Accepted Answer

A mutual benefit bailment is created when both the bailor (Percival) and the bailee (the repair shop) derive some benefit from the bailment. In this case, Percival benefits from having his computer repaired, while the repair shop benefits from receiving payment for their services.

Question 7

Steve owns his house in fee simple.The state wishes to build a much-needed new highway through the center of his house.Steve does not want to give up his home.The state will be able to take the land through the use of its condemnation power,also called:
A)highway robbery.
B)adverse possession.
C)eminent domain.
D)prescription easement rights.

Accepted Answer

The state has the power of eminent domain, which allows it to take private property for public use, so long as just compensation is provided to the owner. This power is limited by the Fifth Amendment to the U.S. Constitution, which requires that any takings be for a public purpose and that just compensation be paid. This is not considered highway robbery or adverse possession, as the state is not attempting to take the property through force or by occupying it for a certain period of time. Prescription easement rights refer to a situation where someone gains the right to use another person's property by openly and consistently using the property for a certain period of time, which is not applicable in this situation.

Question 8

Curt tells his son,"You can have my 1997 truck,but if your grades fall,I'm taking it back." Curt:
A)has made a constructive gift.
B)has made a "revocable gift," which is effective as a gift as long as the stated condition is met.
C)has made a conditional gift.
D)has made no gift.

Accepted Answer

The answer of Curt tells his son,"You can have my...

Question 9

Jack leases an apartment from Sam.The term of the lease was six months,beginning January 1 and ending on June 31.On July 1,Jack was still in the apartment against Sam's wishes.As of July 1,Jack's tenancy is a:
A)periodic tenancy.
B)tenancy at sufferance.
C)tenancy at will.
D)tenancy for years.

Accepted Answer

A tenancy at sufferance is also known as a holdover tenancy, meaning that the tenant remains in the property after the lease has expired and without the landlord's permission. This is the situation in which Jack finds himself on July 1, as he is occupying the apartment against Sam's wishes. A periodic tenancy would involve a lease agreement that automatically renews at the end of each rental period (e.g. month-to-month), a tenancy at will would involve a lease agreement with no set ending date, and a tenancy for years would involve a lease agreement with a set beginning and ending date that is not being violated by the tenant.

Question 10

The case Mishkin v.Young addressed the issue of:
A)revocation of a nonpossessory interest in land.
B)the landlord's liability in case of violation of his duty to return the tenant's security deposit.
C)the tenant's duty to use the premises properly.
D)the creation of an easement.

Accepted Answer

The answer of The case Mishkin v.Young addressed the issue...

Question 11

The landlord must meet all standards set by the local building code.This is
A)the warranty of habitability..
B)the duty to maintain premises.
C)The duty to provide quiet enjoyment.
D)None of the above.

Accepted Answer

The warranty of habitability requires the landlord to provide a rental unit that meets all local building codes and is safe and habitable for tenants. This includes meeting minimum standards for sanitation, ventilation, heating, and other essential features.

Question 12

The case Mitchell v.Bank of America National Association addressed which of the following?
A)Easement.
B)Landlord's liability as to the safety of the premises.
C)Bailment.
D)Tenant's duty to pay rent.

Accepted Answer

The case Mitchell v. Bank of America National Association dealt with issues related to bailment, which involves the transfer of possession of personal property without transfer of ownership.

Question 13

Bertha,from Chicago,traveled to San Francisco to attend a conference.Her sister,Martha,lives in San Francisco and consequently,Bertha made arrangements to spend a couple of days with her sister.The next morning sitting at the breakfast table,Bertha realizes that she packed a mismatched pair of shoes (one is black and the other is blue).Luckily,Martha wears the same size of shoes and lends Bertha a pair of black leather pumps.During the day,the shoes are damaged while Bertha is wearing the shoes.Bertha's duty of care would be a duty of:
A)extraordinary care, because this is a bailment for the sole benefit of the bailee.
B)ordinary care.
C)only slight care, because this is a bailment for the sole benefit of the bailor.
D)None of the above are correct.

Accepted Answer

The answer of Bertha,from Chicago,traveled to San Francisco to attend...

Question 14

A lease for six months starting on June 1,2010,would be a:
A)tenancy for years.
B)periodic tenancy.
C)tenancy at will.
D)tenancy at sufferance.

Accepted Answer

A lease for a fixed period of time, such as six months, is considered a tenancy for years. This type of lease has a specific start and end date and terminates automatically at the end of the stated term without any notice from either party.

Question 15

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the:
A)mortgagee.
B)mortgagor.
C)profitor.
D)profitee.

Accepted Answer

The term 'mortgagee' refers to the bank or lender who provides the mortgage loan to the borrower. The borrower is known as the 'mortgagor'. Option C and D are not relevant terms in the mortgage lending process.

Question 16

In order to constitute a valid gift:
A)the donor must intend to transfer ownership of property immediately.
B)the donee must accept the gift.
C)the donor must deliver the gift property to the donee.
D)All of the above are necessary for a valid gift.

Accepted Answer

All three elements are necessary for a valid gift. The donor must have the intention to transfer ownership immediately, the donee must accept the gift, and the donor must deliver the gift property to the donee. Without any of these elements, the gift would not be valid.

Question 17

Luther gave his great-grandfather's pocket watch to his nurse because he expected to die soon.This is:
A)a testamentary gift.
B)an inter vivos gift.
C)an absolute gift.
D)a gift causa mortis.
E)Both (c) and (d).

Accepted Answer

This is a gift causa mortis, which is a gift made in contemplation of imminent death. Luther expected to die soon and therefore gave the watch to his nurse.

Question 18

The rightful possession of goods by one who is not the owner is the definition of:
A)a gift
B)a bailment.
C)a license.
D)a profit.

Accepted Answer

The definition given fits that of a bailment. A bailment occurs when one person temporarily gives possession of goods to another person, who is not the owner, for a specific purpose. The person who temporarily possesses the goods is known as the bailee and has the responsibility to return the goods to the owner, who is known as the bailor.

Question 19

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:
A)the college is a constructive bailee, obligated to return the textbook to Lacy, and until it does, it is liable for harm to the property.
B)the college is a bailee by agreement because holding items in a lost and found box is generally part of the college-student agreement when the student enrolls for classes.
C)the college is responsible for the discovered textbook because in this situation, the college is subject to implied warranties unless the college has disclaimed such warranties in the student handbook.
D)this is a bailment for the sole benefit of the bailee.

Accepted Answer

The answer of Lacy sets her textbook under her chair...

Question 20

Personal property means all property other than:
A)soil, plants, and trees removed from the land.
B)minerals and crops removed from the land.
C)land and all things permanently attached to the land.
D)intangible property.

Accepted Answer

The answer of Personal property means all property other than:
A)soil,...

Quiz 32: Property

The purpose of recording a deed or other real estate transaction is to:

The modern trend with regard to landlord liability for tenant injuries is:

A bailee always has a right:

Percival takes his computer to a repair shop to have the disk drive repaired.This is most likely a:

Steve owns his house in fee simple.The state wishes to build a much-needed new highway through the center of his house.Steve does not want to give up his home.The state will be able to take the land through the use of its condemnation power,also called:

Curt tells his son,"You can have my 1997 truck,but if your grades fall,I'm taking it back." Curt:

Jack leases an apartment from Sam.The term of the lease was six months,beginning January 1 and ending on June 31.On July 1,Jack was still in the apartment against Sam's wishes.As of July 1,Jack's tenancy is a:

The case Mishkin v.Young addressed the issue of:

The landlord must meet all standards set by the local building code.This is

The case Mitchell v.Bank of America National Association addressed which of the following?

A lease for six months starting on June 1,2010,would be a:

The bank who lends money in exchange for a mortgage on the borrower's house is considered to be the:

In order to constitute a valid gift:

Luther gave his great-grandfather's pocket watch to his nurse because he expected to die soon.This is:

The rightful possession of goods by one who is not the owner is the definition of:

Lacy sets her textbook under her chair in her business law class and then forgets to take it with her when she leaves the classroom.A janitor later discovers the textbook and gives it to the Dean of the Business College.In this situation:

Personal property means all property other than: