Professional Documents
Culture Documents
examples of personal property tangible items like cars, boats, jewelry, horses, cattle
intangible items like stocks, bonds, mortages, etc
what does personal property include?trade fixtures, leases, and fructus industriales (emblements)
trade fixture articles of tangible personal property that are necessary to a tenant's trade or
business
fructus industriales (fruits of industry, labor) growing crops, aka emblements, that are produced
annually through labor and industry (corn, wheat, fruits, and vegetables)
rights in personal property intellectual property, business reputation, leases, and partnership
interests
types of fructus naturales permanent plantings: flowers, grasses, trees, and bushes
may not be removed from the land absent an agreement
types of fixtures items that were once moveable - fences, buildings, trees, or bricks in a
wall - affixed to real estate
method of attachment the permanence with which an object is attached to real property is a
factor in determining whether it may be removed. the more permanent the attachment, the less
likely it is to be severed.
adaptation if an object was specially adapted or made to suit a particular or unique feature of
a building, then it is classified as a fixture (book case)
relationship of parties residential renters are less likely than commercial renters to be able to
sever (compare trade fixtures)
rights in real property includes ownership rights in the surface of the land, airspace above land,
space below the surface, any easements, and use of appurtenant
which of the following items is personal property?
1. apartment lease
2. business reputation
3. tool shed attached to the brick foundation
4. both a and bboth a and b
a couple is buying a house with an oddly shaped living room. the seller built a custom-made
bookcase to specifically fit into the room. absent an agreement, the bookcase is most likely:
1. a fixture
2. the buyer's personal property
3. a replacement fixture
4. the seller's personal property a fixture
economic indicator a measurable economic factor that changes before the economy starts to
follow a particular pattern or trend
what are other real estate-related economic indicators? foreclosure rates, defaulted mortgage
loans, and late payments.
if the property value _________, the chances of being able to sell the home also _________,
making it possible for homeowners to improve their lives increases, increases
what is one of the primary influences on home prices? supply and demand in the local real
estate market
1. accretion
2. riparian
3. littoral
4. annexation accretion
a land description that reads "T4S, R3E" is most likely based on the:
1. monument method
2. government survey method
3. metes and bounds method
4. recorded plat method government survey method
what states are community property states? arizona, california, idaho, Louisiana, nevada, new
mexico, texas, washington. and wisconsin
what is the primary difference between a tenancy in common and a joint tenancy? there is no
right of survivorship
what is the primary difference between a tenancy by the entirety and a joint tenancy? unlike
a joint tenant, a tenancy by the entirety exists so long as each spouse is alive and they remain
husband and wife.
trustee fiduciary and has a duty to protect, preserve, and enhance the value of property in her
care
mr & mrs jones sold their home to a church, but retained the right to occupy the property as long
as they lived. the interest of the church is that of a
1. reminder estate
2. life estate
3. reversion estate
4. trustee reminder estate
when is a reversion estate created? where the grantor conveys less than a fee simple estate and
retains a future interest for herself
when is a remainder estate created? where the grantor conveys less than a fee simple estate and
creates a future interest for a third party
three people inherit unequal shares of a single piece of property. how could they hold ownership?
1. as tenants in severalty
2. as tenants in common
3. as joint tenants
4. either 2 or 3 as tenants in common
jean transfers a fee simple interest in her property to her daughter lisa, but reserves a life estate
for herself. during jean's lifetime, lisa holds a
1. a farmer who refuses to give up possession of property when his lease expires in order to
harvest his growing crops
2. a person who leases a store and renews her lease on a month to month basis
3. a tenant who installed trade fixtures, but did not remove them when the lease expired
4. a tenant that uses the premises in violation of her lease a farmer who refuses to give up
possession of property when his lease expires in order to harvest his growing crops
which of the following items would be disclosed by a metes and bounds survey?
1. easements
2. marketability
3. encroachments
3. both 2 and 3encroachments
mrs. franklin is buying property from mr. akin. in order to get to the property, it is necessary to
cross property owned by mr. travis. in the past, mr. travis has granted persmission to mr. akin for
this purpose. mrs. franklin wants to protect this privilege. what would best serves mrs. franklins
interests?
1. an easement in gross
2. a license
3. an appurtenant easement
4. either 1 or 3 an appurtenant easement
harry hired a contractor to paint the interior and exterior of his rental property. harry did not pay,
and the contractor filed a mechanics lien. which of the following statements is true regarding the
lien?
a property has three owners. these parties own 10%, 20%, and 70% interest, respectively. what
type of ownership do they have?
1. joint tenancy
2. tenancy in common
3. tenancy by the entireties
4. either 1 or 2 tenancy in common
Dave had a bad year. In February, he defaulted on his mortgage. In March, a carpenter built a
deck on Dave's house. In April, that carpenter secured a mechanic's lien for work and materials
since Dave wasn't able to pay his bill. In June, a judge signed a judgment lien against Dave and
all of his real and personal property. Finally, Dave realized that he forgot to pay his property
taxes, which should have been due in August. Which of the following liens has priority after a
court-ordered foreclosure of Dave's home?
lionel rents an apartment under a three-year lease. after the first six months, the landlord sells the
building. lionel:
1. must renegotiate the lease with the new owner or vacate the premises
2. need not do anything if the owner fails to renegotiate the lease within 60 days
3. need not do anything, but the new owner may terminate the lease at any time.
4. need not do anything need not do anything
1. a lease
2. a mortgage that secures personal property
3. partnership interests
4. an easementan easement
agnes decides to impose a restrictive covenant (a negative covenant or deed restriction) that will
apply to any future owners of the property she currently possesses. agnes must have:
1.. a lease
2. a fee simple estate
3. an easement
4. either 1 or 2 a fee simple estate
harry homeowner takes pride in his property and keeps it well maintained (inside and outside of
the home). however, harry's neighbors are not so conscientious. what concept best explains why
harry's home is losing value?
1. immobility
2. uniqueness
3. scarcity
4. situs immobility
Bobby the Buyer purchases a lot for his dream house. Since he is careful to respect the property
boundaries, Bobby inspects an old description of his lot from the city archives. In part, the
description states: "Starting from the Tulip Tree on the northwest corner of the Smith Farm,
proceed directly due west to the banks of Jeremy's Run. Proceed south to the two Oak trees on
the Jeremy Farm. Proceed east to the two large boulders. Finally, proceed north back to the Tulip
Tree." This method of land description is:
if a man is considered a "proprietary tenant", he is most likely owns interest in which of the
following types of property?
1. condo apartment
2. apartment house
3. cooperative apartment
4. office building cooperative apartment
all of the following choices are considered as legal descriptions of real property EXCEPT:
what phrase best describes why two physically similar parcels of real estate might have very
different economic values?
1. building
2. sidewalk
3. corn crop
4. flower bed corn crop
1. garden tractor
2. commercial cooler
3. rail fence
4. either 2 or 3 rail fence
the original owner of a condo unit holds which of the following interests?
1. mines
2. warehouses
3. ranches
4. vacant lots ranches
which of the following circumstances would diminish a fee simple estate?
an adequate metes and bounds description must have all of the following except:
the right of one party to possess and use real property exclusive of others is:
1. hypothecation
2. partition
3. ownership
4. all of the above ownership
1. fructus naturales
2. portable kitchen appliances
3. fructus industriales
4. trade fixtures fructus naturales
1. vertical
2. lot, block, an subdivision
3 rectangular
4. monument rectangular
if the property title is set to pass to someone other than the grantor upon termination of an estate,
the interest held by the person who will receive the property is:
1. reversionary
2. remainder
3. equitable
4. ostensible remainder
1. certain encumbrances
2. all title defects
3. marketable title
4. liens certain encumbrances
fred bought a new boat and hired a contractor to build a dock on his lakefront property. fred did
not pay the contractor. in an attempt to get paid, the contractor may file a:
mary has a life estate and her daughter has been named as the remainderman. mary leases the
property to susan for 5 years. one year later, mary dies. mary's daughter serves notice to susan to
vacate the property. which of the following statements is correct?
1. the lease is valid for four more years because it is susans personal property
2. the lease was invalid from the beginning because a life tenany may not commit waste
3. the lease was valid only during mary's lifetime because it was one of the sticks in the bundle
4. the lease is invalid because it violates the statute of frauds the lease was valid only
during mary's lifetime because it was one of the sticks in the bundle
the land characteristic that is most likely the basis for a specific performance lawsuit is:
1. immobility
2. hetergeneity
3. situs
4. improvements heterogeneity
1. situs
2. immobility
3. heterogeneity
4. indestructibility situs
1. invalid
2. a month to month lease
3. covered by the statute of frauds
4. a tenancy at sufferance a tenancy at sufferance
several people hold property as tenants in common. one of the tenant dies. his interest in the
property will:
to have any legal affect, plats drawn from the lot, block, and subdivision method must:
1. include a plat
2. be pre approved by the country or city before recordation
3. be recorded
4. all of the above all of the above
a husband and wife own property as tenants by the entirety. the husband dies, leaving all his
property to their son. which of the following statements is true?
zorba leases a restaurant. he installs ovens, booths, and counters. which of the following
statements is true?
1. attachment
2. intent
3. agreement
4. adaption agreement
jean transfers a fee simple interest in property to her daughter, lisa, but reserves a life estate for
herself. during jean's lifetime, lisa holds a:
a landlord's right to reenter or regain possession of the premises upon expiration of a lease is
known as:
1. redemption
2. reversion
3. remainder
4. recovery reversion
which of the following items would be disclosed by a metes and bounds survey?
1. easement
2. marketability
3. encroachments
4. both 2 and 3encroachments
a person has fee simple ownership of a unit in a multi story building. she is also required to pay
property taxes on that unit. which type of common interest ownership could the owner have?
1. proprietary lease
2. cooperative ownership
3. condo ownership
4. joint tenancy in the common area condo ownership
smith and brown own abutting property that borders a river. over the years, soil from smiths
riverbank is washed onto browns riverbank. who owns the soil that washed from smiths
riverbank to browns?
1. smith
2. brown
3. the state
4. none of the above, because all river bank overs have riparian rights brown
a person who rents property from june 1st to june 30th of the same year most likely has a(n):
if a husband and wife own property as tenants in common, which of the following statements is
true?
1. either may dispose of their own interest without approval of the other
2. title to the property is in the marital unit
3. both must agree to dispose of their interest
4. none of the above statements are true either may dispose of their own interest without
approval of the other
1. deed
2. land contract
3. lease
4. either 2 or 3 lease
a person enters into a lease agreement for 1 year. at the end of a year, the lease expires, but the
tenant does not vacate the property. the tenant would be considered a:
1. a farmer who refuses to cede possession upon lease expiration in order to harvest his crops
2. a person who leases a store and renews her lease on a month to month basis
3. a tenant who installed trade fixtures, but did not remove them when the lease expired
4. a tenant who uses the premise in violation of her lease a farmer who refuses to cede
possession upon lease expiration in order to harvest his crops
a prospective buyer wants the seller to include an ornate flagpole attached to the front porch of
the house. what should the agent do to best ensure the flagpole conveys?
1. nothing, because the pole is attached and will automatically convey
2. call the seller and advise them that the buyer wants the pole
3. include the flag pole in the offer to purchase
4. photograph the flag pole as evidence of its attachment include the flag pole in the offer to
purchase
1. general partnership
2. property lease
3. fee simple title
4. license property lease
zobra owns property and gladly allows his friend, young, to use it. to best protect zorba's interest,
he should give young:
1. an easement in gross
2. a right of way
3. an appurtenant easement
4. a license a license
mr. foster owns an automobile, a boat, a house, and a farm. he defaults on the mortgage covering
his house. if a judgment lien is entered, which of the following properties could be subject to
judgment lien?
1. a car
2. boat
3. home
4. all of the above all of the above
1. apartment buildings
2. vacant lots
3. parking lots
4. all of the above all of the above
the right of privilege that one has to use the property of another is:
1. a license
2. a lease
3. an easement
4. all of the above all of the above
three people own a piece of property as tenants in common. two of the owners want to sell the
property, but the third party does not. the two owners that want to sell:
1. surface rights
2. subsurface rights
3. control
4. all of the above all of the above
a joint tenant wants to sell his interest without consent from the other joint tenants. can he do
this?
1. yes, because each joint tenant may sell independently of the others
2. yes, because survivorship is present in joint tenancy
3. no, because all co owners must first agree to sever the tenancy
4. no, because the unity of interest in a joint tenancy protects the other co owners yes, because
each joint tenant may sell independently of the others
a woman who owns an apartment building that is losing money. her accountant told her that she
could make a profit if she sells the apartment units as condominiums. which document must she
record or provide?
1. condo instruments
2. PUD
3. POS
4. both 1 and 3condo instruments and POS
1. is a trade fixture
2. is a fixture
3. is chattel
4. occurs only by agreement is a fixture
mary purchased the right to use an apartment for 2 weeks every year. this is an example of:
1. interval ownership
2. ownership as a joint tenant
3. cooperative ownership
4. a limited partnership interval ownership
one house in a large neighborhood stands out because, compared to the others, it is not well
maintained. which concept best explains this single home's impact on the surrounding
community?
1. an easement
2. enjoyment
3. trade fixtures
4. a kitchen sink enjoyment
1. physical observation
2. land survey
3. title search
4. quitcalm deed land survey
jones, smith, and williams own property as joint tenants. which of the following statements is
true?
1. if jones and smith die, williams will own the property as a joint tenant with the heirs of jones
and smith
2. if jones dies, smith and williams will own the property as tenants in common
3. if jones and smith die, williams will own the property in severalty
4. if any of the owners die, the property goes to the heirs of the deceased owner if jones and
smith die, williams will own the property in severalty
sam dies and leaves a valid will. sam leaves the family farm to his children after the death of his
wife, jane. several years after sam's death, jane sells her interest to larry. which of the following
statements is true?
1. larry has no interest, but may cancel the contract due to jane's fraud
2. larry has no interest because jane did not get the children's permission to sell the farm
3. larry has a life estate pur autre vie
4. none of the above larry has a life estate pur autre vie
Farmer Pete leases land to grow wheat. In April, Farmer Pete plants his crop, expecting to
harvest in October. However, just before harvest time, his landlord successfully evicts him for
nonpayment of rent. In October, Farmer Pete attempts to harvest his wheat. The wheat belongs
to:
a building supplier delivers bricks to a job site on july 1st for the construction of a patio. the
contractor finished the patio on july 30th and was paid. the contractor files bankruptcy on
september 1st. on september 5th, the building supply company filed a mechanics lien against the
owner of the property. what is the effective date of the lien?
1. july 1st
2. july 30th
3. september 1st
4. september 5th july 1st
large blocks of land are located in a rural area of a Midwestern state. this would most likely be
described by:
mr. and mrs. jones sold their home to a church, but retained the right to occupy the property as
long as they lived. the interest of the church is that of a:
1. life estate
2. remainder estate
3. trustee
4. reversion estate remainder estate
a tenant and landlord enter into a six month lease on july 1, 2016, to expire on december 31,
2016. which of the following statements is correct?
1. the landlord must serve notice to quit at least 30 days before expiration or the lease will renew
2. the tenant must serve notice to quit at least 30 days before expiration or the lease will renew
3. if neither party provides proper notice to quit, the lease will renew for another 6 months
4. the lease will terminate on december 31, 2016 the lease will terminate on december 31,
2016
jones owns two tracts of land. one tract has lakefront property. jones sells the other tract to smith
and gives him the right to cross his property in order to reach the lake. without the right to cross
jones' property, there is no other way for smith to reach the lake. smith's right could be:
1. an easement by necessity
2. an easement in gross
3. created by operation of law
4. all of the above an easement in gross
the owner of a fee simple absolute estate leaves a will, which only specifies that he will leave a
life estate to one party and a remainder estate to another. upon the death of the life tenant, the
remainderman could have a:
1. heterogeneity
2. indestructibility
3. immobility
4. fixity fixity
Mrs. Franklin is buying property from Mr. Akin. In order to get to her property, it is necessary to
cross property owned by Mr. Travis. In the past, Mr. Travis had granted permission to Mr. Akin
for this purpose. Mrs. Franklin wants to protect this privilege. What would best serve Mrs.
Franklin's interests?
1. an easement in gross
2. a license
3. an appurtenant easement
4. either 1 or 3 an appurtenant easement
jon purchased a 640 acre tract of land. which method of legal property description would work
best for jon?
1. monument
2. metes and bounds
3. recorded plat
4. geodetic geodetic
A group intends to buy real property jointly, as follows: Person A contributes $11,000; Person B,
$10,000; Person C, $5,000; and Person D, $6,000. Each desires to protect their heirs' share of the
property. How could they take title?
1. joint tenancy
2. tenancy in common
3. tenancy by the entirety
4. either 1 or 2 tenancy in common
1. no, because all descriptions will retain the historical reference to the original subdivision
2. yes, so long as new plats are created and recorded which reflect the changes to the original plat
3. no, because a change would render all prior descriptions from the original plat as invalid
4. yes, so long as permission is obtained from the local zoning board yes, so long as new
plats are created and recorded which reflect the changes to the original plat
three people inherit unequal shares of a single piece of property. how could they hold ownership?
1. as tenants in severalty
2. as tenants in common
3. as joint tenants
4. either 2 or 3 as tenants in common
1. accretion
2. erosion
3. both 1 and 2
4. none of the above both accretion and erosion
1. air rights
2. trade fixtures
3. improvements
4. mineral rights trade fixtures
six months after brady bought his home, he installed custom made storm windows and doors. if
brady subsequently transfers title to someone else, will the storm windows and doors
automatically transfer as well?
1. yes, unless the parties agree that they will be removed before the sale has advanced
2. yes, because the storm windows and doors are fixtures
3. no, because they can be easily removed without damaging the property
4. no, so long as brady reinstall the original windows and doors yes, unless the parties agree
that they will be removed before the sale has advanced
1. an easement
2. a license
3. an encroachment
4. none of the above an enroachment
boundary markers of land (natural or man made) are best known as:
1. benchmarks
2. monuments
3. stakes
4. metes monuments
Tommy the Tenant takes over a tattoo parlor from an existing tenant. The parlor came with a
comfortable dentist chair, which was perfect for people to sit on while getting their tattoo. One
day, the chair breaks. Tommy installs a new dentist chair that he picked up at a flea market. The
new chair is:
1. survivorship--joint tenancy
2. fee simple--forever
3. testate--escheat
4. tenants in common--undivided interest testate--escheat
a condo association can most likely perform all of the following actions, EXCEPT:
a couple is buying a house with an oddly shaped living room. the seller built a custom-made
bookcase to specifically fit into the room. absent an agreement, the bookcase is most likely:
1. a fixture
2. the buyer's personal property
3. a replacement fixture
4. the seller's personal property a fixture
what type of legal description will most accurately describe an irregularly shaped parcel of land?
1. uniqueness
2. indestructibility
3. improvement
4. none of the above none of the above
1. management agreement
2. bylaws and condo declaration
3. bylaws and corporate charter
4. public offering statement bylaws and condo declaration