Property & Personal Property

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Questions and Answers

A physical intrusion of land by another person without any lawful right to enter it is known as a(n):

  • accretion
  • encroachment
  • nuisance
  • trespass (correct)

You just purchased oceanfront property in a small coastal town. You notice that townspeople often walk along the shore at low tide, right in front of your house. You want to prevent them from doing this. Which of the following is generally TRUE?

  • You are unlikely to succeed, because your ownership is from the mean high-water mark inland. (correct)
  • You are unlikely to succeed, because it’s clear there’s a public easement across your property.
  • You are likely to succeed, because of your rights as a riparian property owner.
  • You are likely to succeed, because you have complete control over access to your property.

Which is NOT an example of an attachment?

  • A basketball hoop that is moved into the garage in the winter (correct)
  • A greenhouse that is built off of the garage
  • The lily pond in the backyard
  • Uncut roses on a rose bush planted by the back door

Which are examples of appurtenances? Select all correct responses.

<p>The right to lease the space over your land for a billboard (B), The right to use a canoe on a lake abutting your land (D)</p> Signup and view all the answers

What would be generally included with the ownership of real estate? Select all correct responses.

<p>The air above the surface of the land (A), The groundwater below the surface of the land (B), The minerals below the surface of the land (C), The surface of the land (D)</p> Signup and view all the answers

Which transaction does NOT involve an example of an appurtenance?

<p>Selling the fructus industriales grown on your land (A)</p> Signup and view all the answers

A property owner has riparian rights. This suggests that their property is next to:

<p>a river or stream (A)</p> Signup and view all the answers

John owns property on a small pond, which gives him:

<p>littoral rights (C)</p> Signup and view all the answers

Terrance decides to lease his property to someone else. Which of the bundle of rights is he exercising as the owner of the property?

<p>Disposition (A)</p> Signup and view all the answers

Which of these are included in the bundle of rights that goes along with the ownership of real property? Select all correct responses.

<p>Disposition (A), Exclusion (B), Control (C), Enjoyment (D)</p> Signup and view all the answers

A person whose water rights are based on a water permit from the state is said to have:

<p>appropriative rights (A)</p> Signup and view all the answers

According to the ______, oil or gas is owned by the landowner who pumped it to the surface.

<p>rule of capture (C)</p> Signup and view all the answers

Emblements are:

<p>fructus industriales (B)</p> Signup and view all the answers

Lateral support refers to the support given by:

<p>adjacent land. (A)</p> Signup and view all the answers

Which of the following is NOT an example of a nuisance?

<p>Only one bathroom for three bedrooms (D)</p> Signup and view all the answers

Cynthia is renting a storefront in order to open a hair salon. She hires a plumber to install five hair washing stations in the space. The sinks would be considered ______ fixtures, making them ______ property.

<p>trade / personal (C)</p> Signup and view all the answers

When Tiffany opened a cupcake shop in a strip mall, she installed four commercial ovens. At the end of her three-year lease, Tiffany vacated the property, leaving the ovens behind. Which statement is TRUE?

<p>She forfeits ownership of the ovens to the landlord (C)</p> Signup and view all the answers

A buyer and seller were inspecting a property prior to the buyer making an offer. The property was occupied by a tenant at the time of inspection. The seller told the buyer that the garden furniture would be included in the sale. However, the buyer discovers upon possession that the garden furniture belonged to the tenant, not the seller. Is the buyer entitled to the garden furniture?

<p>No, because the seller didn’t have the right to include the tenant’s personal property in the deal (B)</p> Signup and view all the answers

Brett bought a farm and wanted to separately purchase two tractors the seller owned. What would MOST LIKELY be required at the settlement to transfer ownership of those tractors?

<p>Bill of sale (A)</p> Signup and view all the answers

Which item is LEAST LIKELY to be a fixture?

<p>The curio cabinet in the living room that matches the room’s decor (B)</p> Signup and view all the answers

Which of these is NOT considered when determining whether an item is a fixture or personal property?

<p>Value of the annexed item (C)</p> Signup and view all the answers

Josephine, a real estate agent, is showing a house to a buyer. The buyer loves the house but wants certain appliances and pieces of furniture to stay with the house. Josephine should advise the buyer:

<p>to make an offer that includes the appliances and furniture (which would be reflected in a higher purchase price). (A)</p> Signup and view all the answers

A tenant farmer has occupied a farm on which they have grown crops for several years. The landowner sells the farm to someone else who immediately gives the tenant notice to vacate. The timing of the notice will mean the crops currently in the ground will not be ready for harvest before the end of the lease. Who do the crops belong to?

<p>The tenant (A)</p> Signup and view all the answers

The owner of a small store leased the retail space, and the tenant installed their own shelving by bolting it to the walls. At the end of the lease, the tenant wanted to take the shelving to their new location. Which of the following is TRUE?

<p>The shelves are trade fixtures and may be removed by the tenant (C)</p> Signup and view all the answers

A large mirror that a buyer wants to remain with the property should:

<p>be identified as a fixture in the purchase agreement (C)</p> Signup and view all the answers

Which of the following would a court consider most persuasive when determining ownership of a fixture?

<p>Written agreement of the parties (D)</p> Signup and view all the answers

Which of the following is NOT a consideration in determining whether an item is a fixture?

<p>Time of annexation (D)</p> Signup and view all the answers

A residential property with built-in bookcases is sold. Which of the following statements is correct?

<p>The seller may not remove the bookcases because they are part of the real property (B)</p> Signup and view all the answers

K purchased a condominium unit for $195,000. An attractive feature of the unit was an office with a built-in desk. Which document would be required to transfer ownership of the desk to K?

<p>Deed (B)</p> Signup and view all the answers

Which would a court disregard in deciding whether an item of personal property has become real property?

<p>Cost of the item (C)</p> Signup and view all the answers

Flashcards

Capital of France (example flashcard)

Paris

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