Question 1

Which of the following types of easement is also called easement by necessity?
A) negative easement
B) easement by prescription
C) easement by reservation
D) natural easement
E) functional easement

Accepted Answer

Natural easement is also called easement by necessity. An easement can be acquired in various ways. For instance, it can be bought directly from a titleholder, or reserved in a deed as part of the purchase and sale of land. At common law owners of land also had a natural easement (also called easement by necessity) to get from their land to the nearest public road.

Question 2

A(n)______ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse,such as digging a ditch that would cause the land on your side to collapse.
A) easement by prescription
B) negative easement
C) mutual benefit bailment
D) eminent domain
E) accession

Accepted Answer

A negative easement means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse, such as digging a ditch that would cause the land on your side to collapse. An easement places a particular use of land behind the exclusive legal fence.

Question 3

Vincent keeps his bag of books and magazines at his friend's storeroom,as he believes that he will not be using it for a few months.This is an example of a(n)______.
A) bailment for the sole benefit of the bailor
B) easement by prescription
C) bailment for the sole benefit of the bailee
D) negative easement
E) easement by necessity

Accepted Answer

In this scenario, the act of storing the books and magazines by Vincent at his friend's storeroom is an example of bailment for the sole benefit of the bailor. In a bailment for the sole benefit of a bailor, the bailee owes only a slight duty of care while the object is in the bailee's possession.

Question 4

In many states,if foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor,the creditor-mortgagee can still sue the debtor for the balance owed,called a(n)______.
A) collateral
B) deficiency
C) attachment
D) perfection
E) accession

Accepted Answer

In many states, if foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor, the creditor-mortgagee can still sue the debtor for the balance owed, called a deficiency.

Question 5

Josh borrows Amanda's car to get to school.Josh is obligated to exercise ______.
A) the level of care imposed by Amanda
B) a reasonable duty of care
C) a slight duty of care
D) the level of care imposed by Amanda's parents
E) a very high duty of care

Accepted Answer

In this scenario, Josh is obligated to exercise a very high duty of care. In a bailment for the sole benefit of the bailee, such as where the bailee has borrowed an object, the bailee owes a very high duty of care, one that is greater than merely what is "reasonable."

Question 6

Which of the following is a mutual benefit bailment?
A) renting a car
B) lending your car to a friend without receiving consideration
C) borrowing a car from a friend without paying consideration
D) buying a car
E) riding a bus

Accepted Answer

Renting a car is an example of a mutual benefit bailment. A mutual benefit bailment is beneficial to both the parties involved in the bailment.

Question 7

Ben lives in an apartment building next to a children's park.He is in his apartment when a baseball flies in through the window and lands in his room.Which of the following statements is true of this scenario?
A) Ben must return the baseball to the owner immediately as it is not an object of great value.
B) Ben can keep the baseball because of the rule of first possession.
C) The owner of the apartment building must take the final decision as the baseball landed on his premises.
D) The owner of the baseball can exercise his right of eminent domain and claim the baseball.
E) The baseball must be turned over to police and can only be claimed after a week has passed.

Accepted Answer

In this scenario, Ben can keep the baseball by exercising the rule of first possession. The rule of first possession is that the first person to reduce previously unowned things to possession becomes their owner.

Question 8

When the owner of an old airplane engine has it restored and has an airplane built around it,the owner of the engine now owns the entire airplane through the doctrine of ______,which refers to something "added."
A) accession
B) collateral
C) eminent domain
D) negative easement
E) easement by prescription

Accepted Answer

When the owner of an old airplane engine has it restored and has an airplane built around it, the owner of the engine now owns the entire airplane through the doctrine of accession, which refers to something "added."

Question 9

Which of the following statements is true about lost items?
A) The law distinguishes things that have been lost from things that have simply been mislaid.
B) The things that have been lost belong to the person who owns the premises where the item was lost.
C) The finder of a lost item becomes the owner of the item even before reducing it to possession.
D) The ownership is lost at the end of a statutory period for the finder of a lost item.
E) The assumption of knowledge about the original owner is irrelevant in determining the ownership of the mislaid item.

Accepted Answer

The law distinguishes things that have been lost from things that have simply been mislaid. Things that have been lost go to the first person who subsequently reduces them to possession, but things that have been mislaid go to the person who owns the premises where the item was mislaid.

Question 10

A(n)______ arises when someone contributes materials and/or services to real estate,usually a building,and is not paid.
A) general lien
B) chattel lien
C) surety lien
D) mechanic's lien
E) assayer's lien

Accepted Answer

A mechanic's lien arises when someone contributes materials and/or services to real estate, usually a building, and is not paid. Unlike the artisan's lien, this lien is not possessory and has priority only if it is perfected by the filing of a written notice, usually in the county where the real estate is found.

Question 11

Which of the following statements is true about bailment?
A) In a bailment for the sole benefit of the bailee, the possessor of the object is known as the bailor.
B) In a bailment, the possessor of the object is predominantly the owner.
C) In the business world, most bailments are of mutual benefit to both parties.
D) In a mutual benefit bailment, the bailee is under a duty to use high care in taking care of the object in possession.
E) In a bailment for the sole benefit of the bailor, the bailee owes a very high duty of care while in possession of the object.

Accepted Answer

In the business world, most bailments are of mutual benefit to both parties. Although the bailee has an absolute duty to return the object to the bailor (or to dispose out of it as the bailor directs), and becomes liable to the bailor for failing to do so correctly, an issue often arises when something happens to the object while it is in the bailee's possession and control.

Question 12

Which of the following statements is true of an easement?
A) A negative easement is otherwise known as easement by necessity in many states.
B) An easement can also be reserved in a deed.
C) An easement usually excludes any such uses of land as the laying of water pipes or the stringing of power wires across land.
D) A titleholder can prevent a person from continuing to use the land in instances where an easement by prescription arises.
E) An easement works exclusively without the rights of passage across the land.

Accepted Answer

An easement can be reserved in a deed, for example, when Martina sells a piece of her land to George and the deed reserves an easement for George to cross over Martina's remaining land. Easements can also involve such uses as the laying of water pipes or the stringing of power wires across land.

Question 13

The general way of perfecting a security interest under Article 9 is to file a(n)
A) artisan's lien.
B) financing statement.
C) deed of trust.
D) warranty deed.
E) creditor's instrument.

Accepted Answer

Perfection arises when a security interest has attached and the creditor has taken all proper steps required by Article 9. The general way of perfecting a security interest under Article 9 is to file a financing statement.

Question 14

Rachel owns a beach house and wants to build a deck.Zoning restrictions limit decks to 120 square feet,but Rachel wants to build one that is 144 square feet.Which of the following should Rachel do next?
A) She can go ahead and build it as the law permits that once the deck is built it cannot be brought down.
B) She should ask for a nonconforming exemption.
C) She should ask for a variance.
D) She must shift to some other location, because once zoning ordinances are in place, they allow for no changes, variations, or exceptions.
E) She should lobby her local zoning board to force them to change the restriction as that is the only plausible recourse.

Accepted Answer

In this scenario, Rachel should ask for a variance. An owner can ask a zoning board for a variance to allow use of land in a way not permitted under a zoning ordinance. The board is likely to grant a variance only when the owner can prove that the ordinance prevents a reasonable economic return on the land as zoned.

Question 15

A secured transaction involves a creditor who has sold something on credit or made a loan to a debtor who agrees to give the creditor a security interest in a valuable object,called ______.
A) collateral
B) gift
C) lien
D) easement
E) reversion

Accepted Answer

A secured transaction involves a creditor who has sold something on credit or made a loan to a debtor who agrees to give the creditor a security interest in a valuable object, called collateral.

Question 16

Which of the following is an example of a bailment?
A) babysitting your sister's child for the weekend
B) house-sitting for a friend over the weekend
C) feeding a neighbor's dog by tossing food over the fence
D) borrowing a friend's car for a day
E) losing your car keys in a restaurant

Accepted Answer

Borrowing a friend's car for a day is an example of a bailment. In many common situations, an owner puts an object protected by personal property into the intentional possession of another person with the understanding that the other person must return the object at some point or otherwise dispose of it. This property arrangement is known as a bailment.

Question 17

In 2008,Donald gives Tony a life estate in one of his houses,specifying that upon the end of the life estate,the property is to go to Tony's son,Mike.Tony dies in 2012.In this scenario,which of the following statements is true?
A) If Donald is still alive, he may revoke the transfer to Mike and keep the property.
B) Mike gets a reversion interest in 2012.
C) Mike gets a remainder interest in 2012.
D) In 2012, Mike and Donald become joint tenants until Donald's death when Mike becomes the sole owner.
E) The property is held in trust until Mike comes of age.

Accepted Answer

In this scenario, Mike gets a remainder interest in 2012 after Tony's death. A life estate grants an ownership in land for the lifetime of a specified person. Remainder property interest is a future interest, as opposed to the life estate, which is a present interest.

Question 18

Ivana's car was stolen.The car needed some repairs and the thief,Donald,had the rearview mirror replaced as well as the muffler.Donald was apprehended and the car was returned to Ivana.In this scenario,which of the following is true?
A) Ivana owns the car but Donald owns the rearview mirror and muffler.
B) Ivana owns the car but must pay Donald for the rearview mirror and muffler.
C) Donald becomes the owner of the car due to accession.
D) Ivana owns the car and owes Donald nothing.
E) Donald and Ivana both own the car as both have contributed equally to the finished product.

Accepted Answer

In this scenario, Ivana owns the car and owes Donald nothing. Generally, because you own your efforts, you own what they produce, but this does not apply where the efforts went into wrongfully obtained objects.

Question 19

Identify a correct statement regarding joint tenants.
A) Joint tenants do not have the right of survivorship.
B) Joint tenants must have equal ownership shares.
C) The property of joint tenants is owned through fee simple absolute and fee simple defeasible.
D) If one of the joint tenants dies, the remaining tenant is allowed to take ownership of only his or her share.
E) Joint tenants cannot force the separation of concurrent ownerships like the tenants in common.

Accepted Answer

In both joint tenancy and tenancy in common, the property interest is undivided, but the tenants in common can own different shares of the resource (e.g., two-thirds and one-third), whereas the joint tenants must have equal ownership shares (e.g., one-half and one-half).

Question 20

You and your roommate are driving through a residential area when you see some furniture piled on the curb to be picked up by the trash collectors the next morning.As you pick up a chair,the homeowner opens a window and yells,"Get away from my stuff." Which of the following statements is true in this scenario?
A) You may claim the chair as lost property.
B) You may claim the chair as mislaid property.
C) You may claim the chair as abandoned property.
D) The homeowner retains ownership until it is picked up the next morning, so you must leave it.
E) The homeowner retains ownership of the property until you buy it from him.

Accepted Answer

In this scenario, you and your roommate may claim the chair as abandoned property. There is a rule that when someone has abandoned what they own, the first person to reduce it to possession owns it. The law determines whether or not someone has abandoned what they previously owned by measuring intent, whether the previous owner intended to abandon something. The law measures intent by the circumstances of the situation. If it looks like someone meant to abandon something, we say they intended to do it.

Quiz 7: The Property System

Which of the following types of easement is also called easement by necessity?

A(n) ______ means that an adjoining landowner cannot do anything that would cause your land to cave in or collapse,such as digging a ditch that would cause the land on your side to collapse.

Vincent keeps his bag of books and magazines at his friend's storeroom,as he believes that he will not be using it for a few months.This is an example of a(n) ______.

In many states,if foreclosure and auction does not produce enough money to satisfy the debt owed by the mortgagor,the creditor-mortgagee can still sue the debtor for the balance owed,called a(n) ______.

Josh borrows Amanda's car to get to school.Josh is obligated to exercise ______.

Which of the following is a mutual benefit bailment?

Ben lives in an apartment building next to a children's park.He is in his apartment when a baseball flies in through the window and lands in his room.Which of the following statements is true of this scenario?

When the owner of an old airplane engine has it restored and has an airplane built around it,the owner of the engine now owns the entire airplane through the doctrine of ______,which refers to something "added."

Which of the following statements is true about lost items?

A(n) ______ arises when someone contributes materials and/or services to real estate,usually a building,and is not paid.

Which of the following statements is true about bailment?

Which of the following statements is true of an easement?

The general way of perfecting a security interest under Article 9 is to file a(n)

Rachel owns a beach house and wants to build a deck.Zoning restrictions limit decks to 120 square feet,but Rachel wants to build one that is 144 square feet.Which of the following should Rachel do next?

A secured transaction involves a creditor who has sold something on credit or made a loan to a debtor who agrees to give the creditor a security interest in a valuable object,called ______.

Which of the following is an example of a bailment?

In 2008,Donald gives Tony a life estate in one of his houses,specifying that upon the end of the life estate,the property is to go to Tony's son,Mike.Tony dies in 2012.In this scenario,which of the following statements is true?

Ivana's car was stolen.The car needed some repairs and the thief,Donald,had the rearview mirror replaced as well as the muffler.Donald was apprehended and the car was returned to Ivana.In this scenario,which of the following is true?

Identify a correct statement regarding joint tenants.