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Exam 49: Real Property

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Question 31

True/False

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An owner cannot deprive landowners downstream of the use of the water by diverting it elsewhere.

A) True
B) False

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Question 32

Multiple Choice

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If the owners in a tenancy by the entirety divorce, the interest becomes a ______.

A) Tenancy in common
B) Joint tenancy
C) License
D) Fee simple
E) Fee simple absolute

F) A) and D)
G) C) and E)

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Question 33

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Which of the following are promises voluntarily entered into by property owners by which the owners promise to use or not to use their land in particular ways?

In most states, a broker cannot act as an agent for both buyer and seller unless both parties consent.

The document that directs a condominium association is called a[n] _____.

Which of the following is the legal process by which a transfer of property is made by a governmental entity against the protest of the property owner?

"Property Claims." Bruce sells his home to Sally and her mother, Ruthy. The deed and documents of ownership held by Sally and Ruthy are written such that Sally and Ruthy may each sell or devise her interest in the property. Bruce provides Sally and Ruthy with a general warranty deed. The deed and other documents of sale contain an easement giving George a right to cut across the property in order to obtain access to an adjoining lake. George had purchased the easement from Bruce a few years earlier. After Sally and Ruthy moved in, they saw George cutting through the yard with his fishing pole. They told him to get out. He told them about the easement, but Sally told him that she was the new owner and that she was not accepting it. The next week Alice, the next door neighbor, came over to visit and told Sally and Ruthy that she actually owned a good bit of the yard that was conveyed to Sally in her deed from Bruce and that she would like to sell it to Ruthy and Alice. Alice explained that some years prior to Bruce's ownership, she had purchased the property from a previous owner. It turns out that Alice had actually recorded her interest, but it had been inadvertently missed when the property was sold to Sally and Ruthy. Sally calls Bruce and tells him to straighten out the problem with Alice. Bruce tells her that he is finished with the property and that all problems now belong to her and Ruthy. -Which of the following is true regarding Bruce's statement that he has no obligation to be involved with the dispute with Alice?

Which of the following would originally have been personal property but became part of realty after being permanently attached to real property?

"Disgruntled Buyer." Tom had lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows: Dear Kathy, "caveat emptor". You have marketable title. Regards, Tom Kathy is furious and wants to sue. -What does the term "caveat emptor" mean?

Which of the following was the result in Double Diamond Properties v. BP Products, the case in the text in which the plaintiff sought a declaratory judgment that a restrictive covenant prohibiting the purchase of gasoline from any source other than the defendant was no longer enforceable because the defendant had assigned its right to supply gasoline to another entity?

The term ______ rights references the right to enter onto property to remove the underground materials.

"Disgruntled Buyer." Tom had lived in his home for five years without doing any upkeep of any type. He was aware that the roof leaked, that he had defective piping, and that the air conditioning did not work, among other problems. He sold the home to Kathy. He did not tell her anything about the problems with the house. Shortly after Kathy moved in, there was a thunderstorm resulting in water streaming down from the ceiling. Within a few weeks of her moving in, pipes began to burst resulting in significant water damage. The air conditioner also failed to work when she turned it on for the first time. Kathy demanded that Tom refund her purchase price and take back the house. Tom sent her a letter providing as follows: Dear Kathy, "caveat emptor". You have marketable title. Regards, Tom Kathy is furious and wants to sue. -Which of the following is true regarding any duty Bruce owed to Kathy prior to the sale?

In which of the following do all tenants own equal shares of the property with the property divided equally among surviving joint owners upon the death of one tenant?

Set forth what a deed must contain in order to be properly drafted.

"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her. -Which of the following would be the most likely result regarding Alex's claim to ownership of the house upon Mark's death?

The owner of a[n] ______ estate possesses the same interest as the owner of a fee simple absolute, only this interest is subject to a condition.

Which of the following is false regarding property interests in Vietnam?

"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her. -Which of the following is true regarding a tenancy by the entirety?

"Family Dispute." When Trudy and Mark married, they both had children from previous marriages. After their marriage, Trudy and Mark purchased a home together as tenants by the entirety and lived there for many years. Mark died when he was 93 and Trudy was 95. Mark's will left any property he owned to his son, Alex, who promptly told Trudy that she needed to get out of the house. Trudy told him to forget it. Trudy died a week later. Her will left everything she owned to her daughter, Samantha, who moved in the home and refuses to leave. Mandy, who had loaned Mark $10,000, has filed a claim against any heir of Mark or Trudy, including Alex and Samantha, claiming an interest in the home to satisfy the debt Mark owed her. -Which of the following is true regarding Mandy's claim for the $10,000?

An easement or profit is ______ when it runs with the land adjacent to the property on which it exists.