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Exam 23: Real and Personal Property

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Question 1

Multiple Choice

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Bob owns twenty acres of land on the side of a mountain in Colorado.He files a suit against the Durango Flight School,claiming that its planes flying over his land violate his property rights.To succeed,his best argument is

A) the planes fly over more than twice a day.
B) there are other routes the planes could take.
C) the flights are low and frequent,interfering with enjoyment of his land.
D) the planes are effectively taking private property for private use.

E) B) and D)
F) A) and D)

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Question 2

Multiple Choice

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Jack owns a parcel of land.Jack tows a mobile home to the parcel and anchors it to the land near a stand of Douglas fir trees.Jack's real property consists of

A) the land.
B) the mobile home.
C) the trees.
D) all of the choices.

E) None of the above
F) A) and D)

Correct Answer

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D

Question 3

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When a tenant in common dies,that party's interest in the property automatically passes to the surviving owners.

Carrier Inc.agrees to pick up two truckloads of housewares for Discount Corporation and store the contents to be delivered later.After Carrier unloads the goods at its warehouse,some of them disappear from the loading dock.A court will presume that

Grey owns the surface rights for High Desert Ranch,which includes a house,a bunkhouse,and two barns.Industrial Mining Inc.owns the subsurface rights.When the company drills for and extracts the oil beneath the ranch,the surface subsides and the structures collapse.Most likely responsible for the damage is

The distinction between real and personal property is important because the classification of property determines how it can be acquired.

Rafe signs a one-year lease for an apartment owned by Suki.Rafe is a student and needs the apartment only for two semesters,at the end of which he plans to sublet it for the rest of the term.Rafe's tenancy is

The delivery of documents that represent the rights to property can be sufficient to transfer that property to the recipient.

As long as zoning laws are rationally related to the health,safety,or welfare of a community,a municipality has broad discretion to carry out zoning as it sees fit.

Buto buys a bus ticket at a window in the City Bus Depot before checking his backpack and boarding a bus.In this situation,the subject of a bailment is

All-Mart Discount Stores Corporation contracts to buy ten acres from Suburban Enterprises,Inc. ,as a site for a new store.The contract calls for a "warranty deed." According to a survey that All-Mart commissions,one corner of an adjacent,enclosed parking lot is on part of the property that Suburban is attempting to convey.Can All-Mart avoid the contract? If so,on what basis? If not,why not?

Beck and Carli are married.Carli buys a condominium near Downhill Ski Resort.Beck and Carli each technically own an undivided one-half interest in the condo.This is

An easement is the right to go onto land owned by another and take away some part of the land itself or some product of the land.

Zoning laws may require businesses to construct buildings in conformance with other area commercial buildings and to take measures to manage traffic.

A fundamental public policy reason for the adverse possession doctrine is

Kim and Leola own a warehouse in which they operate Mini-Storage Corporation.On the death of either owner,that owner's interest in the warehouse passes to the surviving owner.This is

Failure to give up possession at the time the bailment ends could result in an action against the bailee for conversion or negligence.

Colleen owns a house.In the house,on a tile floor is a throw rug and a heavy decorative urn.Most likely to meet the definition of a fixture is

A person who rents an apartment has an easement by necessity in the private road leading to the apartment building.

The covenant of quiet enjoyment guarantees that the buyer will not disturb the land or any of its neighbors.