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Exam 49: Real Property

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Question 21

True/False

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Under the U.S. Constitution, private property may only be taken by the government if the government plans to develop the property itself for a public use, such as for a school or a road.

A) True
B) False

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Question 22

Multiple Choice

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If you were purchasing a piece of property, which of the following would be the least desirable type of deed that you would want?

A) Quitclaim deed
B) Special warranty deed
C) Non-Specific deed
D) General warranty deed
E) Specific warranty deed

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

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Question 23

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[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures. -Did Jaston violate the lease agreement by subleasing the property without permission?

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

[Cottage in the Woods] When Gil's father died, Gil received a life estate for the family's cottage in the woods. According to his father's will, upon Gil's death, the cottage is to become the property of Gil's much younger step-brother Max. Gil lived at the cottage for many years after his father's death. One day, Max went to visit Gil to check on the property that he would someday own, and noticed that the cottage was in disrepair. The roof leaked, it was infested with mice and termites, and there was water damage in the basement. Max tells Gil to fix the property, but Gil refuses saying that he can let the property deteriorate as much as he wants. -Does Max have any legal recourse to prevent the property from deteriorating?

Gillian and Hildabran are purchasing a house. They are at the title company where the acceptance, delivery, and transfer of title occurs. This is known as ________

[Majestic Mansion] Akira inherited her family's mansion in the mountains from her grandmother. Akira lives in the mansion with her sister, Kitara. Their grandmother's will states that Akira inherits the mansion so long as she does not alter the exterior, and if she did, the mansion would belong to the historical society. The will also states that Kitara can live in the mansion for the rest of her life. Akira decides to place an addition on the mansion, and she knocks down one side of the building to add a modern-style wing. Akira's sister, Kitara, is upset that their grandmother left the mansion to Akira, and, when she discovers the construction, she tells Akira that Akira is no longer the owner of the mansion. -Is Kitara correct that Akira no longer owns the mansion?

As set forth in the text, describe a cooperative including typical rules of governance and the penalty if a member violates the rules.

Easements or profits ________ are not dependent on owning property adjacent to the land on which the nonpossessory interest exists.

If a possessor is nonnegligent, acts in a good faith belief that they had title to property, what is the time frame needed to establish adverse possession in Japan?

[Majestic Mansion] Akira inherited her family's mansion in the mountains from her grandmother. Akira lives in the mansion with her sister, Kitara. Their grandmother's will states that Akira inherits the mansion so long as she does not alter the exterior, and if she did, the mansion would belong to the historical society. The will also states that Kitara can live in the mansion for the rest of her life. Akira decides to place an addition on the mansion, and she knocks down one side of the building to add a modern-style wing. Akira's sister, Kitara, is upset that their grandmother left the mansion to Akira, and, when she discovers the construction, she tells Akira that Akira is no longer the owner of the mansion. -Who is the rightful owner of the mansion?

The transfer of real property is initiated by the ________

In conveying property, Jayson does not want to make a complete warranty of the property and promises only that he has not done anything to lessen the value of the property. What type of deed should Jayson file?

What is recording in property and why is it important in the transfer of real property?

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

A buyer is protected from losses resulting from a defect in the title of property by title insurance.

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.

Andre has permission to use Pauline's driveway to drive to the back part of Andre's corner lot. This interest would be considered a(n) ________.

If an official in a state certifies that they personally witnessed the signing of a deed by the parties and the parties produced evidence of who they say they are, this is known as ________.

[Dentist Lease] Jaston rents space for his new dental office. He installs a chandelier in the reception area and three new dentist chairs. Ten months into the one-year lease, Jaston decides to sublease one of the offices in his rental to a therapist, and tells the therapist to pay the landlord directly. At the end of the lease term, Jaston decides to close the office and move to a smaller space. The landlord, who apparently never received payment from the therapist, wants Jaston to pay the missing rent payments and also tells Jaston he violated the lease by subleasing the property without permission. The landlord also tells him he cannot take the chandelier and dentist chairs because they are fixtures. -Is Jaston responsible for the missing portion of rent payments?